19730320 1973-8ORDINANCE NO.
1973-8
AN ORDINANCE AMENDING AND RE-ENACTING
SECTION 13-83 OF THE CODE OF THE CITY
OF FAIRFAX, VIRGINIA
BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia, that Section 13-83 of the Code of the City of Fairfax
is hereby amended and re-enacted to read in its entirety as follows:
Section 13-83. Same - Presumptions from Analysis of Blood or
Breath Samples..
In any prosecution for a violation of Section 13-81 the amount
of alcohol in the blood of the accused at the time of the alleged
offense as indicated by an analysis of a sample of the accused's
blood or breath to determine the alcohol content of his blood in
accordance with the provisions of Section 13-82 as amended shall
give rise to the following presumptions:
(a) If there was at that time 0.05 percent or less by weight
by volume of alcohol in the accused's blood, it shall be presumed
that the accused was not under the influence of alcoholic intoxicants;
(b) If there was at that time in excess of 0.05 percent but
less than 0.10 percent, by weight by volume of alcohol in the accused's
blood, such facts shall not give rise to any presumption that the
accused was or was not under the influence of alcoholic intoxicants
1973-8
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but such facts may be considered with other competent evidence
in determining the guilt or innocence of the accused;
(c) If there was at that time 0.10 percent or more by
weight by volume of alcohol in the accused's blood, it shall be
presumed that the accused was under the influence of alcoholic
intoxicants.
This Ordinance shall take effect immediately upon its passage.
March
March
Introduced:
Passed:
6 .., 1973.
20 , 1973.
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Attest
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