Minutes 07/13/1976 - Laserfiche WebLink

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" n.r~ "',/ , j,...~ r;;.. TUESDAY JULY 13, 1976 months, either or both in the discretion of the jury or the court trying the case without a jury. Any person convicted within any period of ten years of a second or other subsequent offense under section 10-65 of this Code, or convicted of a first offense under section 10-65 of this Code, after having been convicted within a period of ten years prior thereto of a similar offense under the laws of this state, shall be punishable by a fine of not less than two hundred dollars nor more than five hundred dollars and by confinement in jail for not less than one month nor more than one year. For the purposes of this section, a conviction or finding of not innocent in case of a juvenile under the provisions of section 18.2-266 of the Code of Virginia (formerly section 18.1-54), the ordinance of any county, city or town in this state or the laws of any other state substantially similar to the provisions of sections 18.2-266 through 18.2-269 of the Code of Virginia (formerly 18.1-54 through 18.1-57) shall be considered a prior conviction. (Code 1956, Section 9-172; 1-10-67) . Sec. 10-72. Forfeiture of driver's license; suspension of sentence. The judgement of conviction, or finding of not innocent in the case of a juvenile, if for a first offense under Section 10-65 of this Code, shall of itself operate to deprive the person so convicted or found not innocent of the right to drive or operate any motor vehicle, engine, or train in this state for a period of not less than six months nor more than one year in the discretion of the court from the date of such judgement; and, if for a second or other subsequent offense within ten years thereof, for a period of three years from the date of the judgement of conviction or finding of not innocent thereof, any such period in either case to run consecutively with any period of suspension for failure to permit a blood or breath sample to be taken as required by section 18.2-268 (formerly section 18.5-55.1) of the Code of Virginia. If any person has heretofore been convicted or found not innocent of violating any similar act of this state, or any similar ordinance of any county, city or town in this state, and thereafter is convicted or found not innocent of violating the provisions of section 10-65 of this Code, such conviction or finding shall for the purpose of this section and section 10-71 of this Code be a subsequent offense and shall be punished accordingly; and the court may, in its discretion, suspend the sentence during the good behavior of the person convicted or found not innocent. BE IT FURTHER ORDAINED by said Council that an emergency exists and that this ordinance and the foregoing amendments shall be effective on and after July 14, 1976.