Minutes 08/25/1964 - Laserfiche WebLink

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(m) The declaration of refusal or certificate under paragraph (k), as the case may be, shall be prima facie evidence that the defendant refused to submit to the taking of a sample of his blood to determine the alcoholic content thereof as pro- vided hereinabove. However, this shall not be deemed to prohibit the defendant from introducing on his behalf evidence of the basis for his refusal to submit to the taking of a sample of his blood to determine the alcoholic content thereof. The court shall determine the reasonableness of such refusal. (n) If the court shall find the defendant guilty as charged in the warrant, the court shall suspend the defendant's license for a period of 90 days for a first offense and for six months for a second or subsequent offense or refusal within one year of the first or other such refusals; the time shall be computed as follows: The date of the first offense and the date of the second or subsequent offense. (0) The court shall forward the defendant's license to the Commissioner of the Division of Motor Vehicles of Virginia as in other cases of similar nature for suspension of license unless, however, the defendant shall appeal his conviction in which case the court shall return the license to the defendant upon his appeal being perfected. (p) The procedure for appeal and trial shall be the same as provided by law for misdemeanors. (q) No person arrested for a violation of Sec. 9-169, or a similar ordinance of this City, or a similar law of the state shall be required to execute in favor of any person or corporation a waiver or release of liability in connection with the withdrawal of blood and as a condition precedent to the withdrawal of blood as provided for herein. (r) The court or the jury trying the case shall determine the innocense or the guilt of the defendant from all the evidence concerning his condition at the time of the alleged offense. (s) The steps herein set forth relating to the taking, handling, identifica- tion, and disposition of blood samples are procedural in nature and not substantive. Substantial compliance therewith shall be deemed to be sufficient. Failure to comply with anyone or more of such steps or portions thereof, or a variance in the results of the two blood tests, shall not of itself be grounds for finding the defendant not guilty, but shall go to the weight of the evidence and shall be considered as set forth above with all the evidence in the case, provided that the defendant shall have the right to introduce evidence on his own behalf to show noncompliance with the aforesaid procedure or any part thereof, and that as a result his rights were prejudiced. Sec. 9-171. Same--Presumptions from alcoholic content of blood. In any prosecution for a violation of Sec. 9-169 of this Code, or of a similar ordinance of this City, the amount of alcohol in the blood of the accused at the time of the alleged offense, as indicated by a chemical analysis of the accused's blood in accordance with the provisions of Sec. 9-170 of this Code, shall give rise to the following presumptions: (1) If there was at that time 0.05 per cent or less by weight of alcohol in the accused's blood, it shall be presumed that the accused was not under the influence of alcoholic intoxicants; -4-