Loading...
19770913 1977-31ORDINANCE No. 1977-31 AN ORDINANCE TO AMEND AND REENACT SECTION 13-83 OF THE FAIRFAX CITY CODE 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 reenacted to read in its entirety as follows: "Sec. 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 a chemical 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 rebuttable presumption~ "(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, 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 weigh by volume of alcohol in the accused's blood, it shall be presumed that the accused was under the influence of alcoholic intoxicants. 1977-31 -2 This ordinance shall take effect immediately upon its adoptio~ Introduced: September 6, 1977. Adopted: September 13t 1977. Attest: City ~16rk