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1993 Ordinances
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1993 Ordinances
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Last modified
2/6/2009 3:40:34 PM
Creation date
6/13/2001 4:53:01 PM
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Ord/Resolutions
Year
1993
Ord/Resolutions - Type
Ordinances
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Section 22-423. <br /> <br />Chemical test to determine alcoholic or <br />drug content of blood. <br /> <br /> The provisions of sections 18.2-268.1 through <br />18.2-268.11 of the Code of Virginia in effect on July 1, <br />1993, and all subsequent amendments thereto, are hereby <br />incorporated by reference and adopted as a part of this <br />section it being the intent of this ordinance that any <br />amendment to the aforementioned sections by the legislature <br />of Virginia shall be deemed to be incorporated herein upon <br />the effective date of such legislation. <br /> <br />Section 22-426. Forfeiture of right to drive. <br /> <br /> (a) Except as provided in section 18.2-271.1 of the <br />Code of Virginia, the judgment of conviction, if for a <br />first offense under section 22-421, or for a first offense <br />under sections I8~2-266 or 46.2-341.24A of the Code of <br />Virginia, shall of itself operate to deprive the person so <br />convicted of the privilege to drive or operate any motor <br />vehicle~ engine or train in the commonwealth for a period <br />of one (1) year from the date such of judgment less the <br />elapsed portion of the suspension period imposed for this <br />offense under section 46.2-391.2 of the Code of Virginia. <br /> <br /> (b) If a person is (i) tried on a process alleging a <br />second offense of violating section 22-421 or sections <br />18.2-266 or 46.2-341.24A of the Code of Virginia within ten <br />(10) years of a first offense for which the person was <br />convicted~ or found guilty in the case of a juvenile, under <br />section 22-421 or sections 18.2-266 or 46.2-341.24A of the <br />Code of Virginia and (ii) is convicted thereof, such <br />person's license to operate a motor vehicle, engine or <br />train shall be revoked for a period of three (3) years from <br />the date of the judgment of conviction, less the elapsed <br />portion of the suspension period imposed for this offense <br />under section 46.2-391.2 of the Code of Virginia. Such <br />period of license suspension or revocation shall run <br />consecutively with any period of suspension for failure to <br />permit a blood or breath sample to be taken as required by <br />Section 22-423 or Sections 46.2-341.26:1 through <br />46.2-341.26:11 of the Code of Virginia. <br /> <br /> (c) If a person is tried on a process alleging a <br />third or subsequent offense of violating section 22-421 or <br />Section 18.2-266 or Section 46.2-341.24A of the Code of <br />Virginia within ten (10) years of two (2) other offenses <br />for which the person was convicted~ or found guilty in the <br />case of a juvenile under section 22-421 or sections <br />18.2-266 or 46.2-341.24A and is convicted thereof. Such <br />person shall not be eligible for participation in a program <br />pursuant to Section 18.2-271.1 of the Code of Virginia and <br /> <br /> <br />
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