Minutes 08/25/1964 - Laserfiche WebLink

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(2) If there was at that time in excess of 0.05 per cent but less than 0.15 per cent by weight 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 0.15 per cent or more by weight of alcohol in the accused's blood, it shall be presumed that the accused was under the influence of alcoholic intoxicants. Sec. 9-172. Same--Penalty; Subsequent offense; prior conviction. Any person violating any provision of Sec. 9-169 of this Code shall be guilty of a misdemeanor and shall be punished, for a first offense, by a fine of not less than $200.00 nor more than $1,000.00 or by confinement in jail for not less than one month nor more than six 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 Sec. 9-169 of this Code, or convicted of a first offense under Sec. 9-169 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 $200.00 nor more than $1,000.00 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 Sec. 18.1-54 of the Code of Virginia, former Sec. 18-75 of the Code of Virginia, 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 18.1-54 through 18.1-57 of the Code of Virginia shall be considered a prior conviction. Sec. 9-173. Same--Forfeiture of driver'S license; suspension of sentence. The judgment of conviction, or finding of not innocent in the case of a juvenile, if for a first offense under Sec. 9-169 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 one year 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 judgment or 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 sample to be taken as required by Sec. 18.1-55.1 of the Code of Virginia or Sec. 9-170 of this Code. If any person has heretofore been convicted or found not innocent of violating any similar act of this State, or for similar offense under any ordinance of any county, city or town in this State, and there- after is convicted or found not innocent of violating the provisions of Section 9-169 of this Code, such conviction or finding shall for the purpose of this section and Section 9-172 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. An emergency existing, this ordinance shall be in force from the date of adoption. Adopted: This 25th day of August, 1964. A Copy - Attest: W. H. Yeaman, Clerk of Council ..5-