Minutes 08/25/1964 - Laserfiche WebLink

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.. .r'., \, "'..........~, Q 1. I I Q. f. M A B I 1. Ii ~ Y I 11.~, Y I fi Q. I .Ii I A- AN ORDINANCE AMENDING THE K>TOR VEHICLES & TRAFFIC CODE OF THE CITY OF MARTINSVILLE, VIRGINIA BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in regular meeting assembled this 25th day of August, 1964, that the Motor Vehicles & Traffic Code of the City of Martinsville be amended and revised by replacing Sections 9-170, 9-171, 9-172 and 9-173 thereof with the following: Sec. 9-170. Same--Consent for taking of blood samples; how such consent shall be implied; procedure for taking and testing blood samples for alcoholic content; consequence of refusal to consent; suspension of driving privileges and licenses by the Court for failure to consent; administration of tests; costs; admissibility in evidence of results of analysis. \ / (a) As used in this section, "license" means any operator's, chauffeur's or learner's permit or license authorizing the operation of a motor vehicle upon the highways. (b) Any person whether licensed by this State or not, who operates a motor vehicle upon a public highway or street in this City or State on and after August 25, 1964, shall be deemed thereby, as a condition of such operation, to have consented to have a sample of his blood taken for a chemical test to determine the alcoholic content thereof, if such person is arrested for a violation of Sec. 9-169 of this Code, or of a similar ordinance of this City, or similar law of this State, within two hours of the alleged offense. (c) If a person after being arrested for a violation of Section 9-169 or similar ordinance of this City, or similar law of this State and after having been advised by the arresting officer that a person who operates a motor vehicle upon a public highway in this State shall be deemed thereby, as a condition of such operation, to have consented to have a sample of his blood taken for a chemical test to dete:;."mine the alcoholic content thereof, and that the unreasonable refusal to do so constitutes grounds for the revocation of the privilege of operating a motor vehicle upon the highways of this State, then refuses to permit the taking of a sample of his blood for such tests, the arresting officer shall take the person arrested before a committing magistrate and if he does again so refuse after having been further advised by such magistrate of the law requiring a blood test to be taken and the penalty for refusal, and so declares again his refusal in writing upon a form provided by the Chief Medical Examiner of Virginia (hereinafter referred to as Chief Medical Examiner), or refuses or fails to so declare in writing and such fact is certified as prescribed in paragraph (j), then no blood sample shall be taken even though he may thereafter request sa~e. (d) Only a physician, registered professional nurse, graduate laboratory technician or a technician or nurse designated by order of a court of record acting upon the recommendation of a licensed physician, using soap and water to cleanse the part of the body from which the blood is taken and using instruments sterilized by the accepted steam sterilizer or some other sterilizer which will not affect the accuracy of the test, or using chemically clean sterile disposable syringes, shall vithdraw blood for the purpose of determining the alcoholic content thereof. (d-1) Portions of the blood sample so withdrawn shall be placed in each of two vials provided by the Chief Medical Examiner, which vials shall be sealed and labeled by the person taking the sample or at his direction, showing on each the name of the accused, the name of the person taking the blood sample, and the date