Minutes 10/22/1974 - Laserfiche WebLink

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32 TUE~DAY OCTOBER 22, 1974 .- (1) 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; (2) 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; (3) 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. ,."-' Section 10-72 is hereby amended to read as follows: Sec. 10-72. Forfeiture of driver's license; suspension of sentence.l The judgment 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 such vehicle, conveyance, 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 judgment, and if for a second or other subsequent offense within ten years thereof for a period of three years from the date of the judgment 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 18.1-55 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 the said Council that this ordinance shall be in effect on and after November 2, 1974. Assistant City Manager-Public Works Director George W. Brown presented a progress report on the Housing & Urban Development Act of 1974 (i.e., otherwise identified as the Community Development Act), informing Council that the Federal Government ("OOD") has yet to make available certain guidelines although it is reasonable to assume that a study report now in process of being prepared by Wiley & Wilson will provide most of the basic data requisite thereto and that an "open-space" application might be possible by April 1, 1975, the filing of which might be recommended if it does not jeopardize any "block-grant" application. It was further indicated that the Wiley & Wilson