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1990 Ordinances
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1990 Ordinances
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Last modified
2/6/2009 3:41:17 PM
Creation date
6/18/2001 5:35:00 PM
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Ord/Resolutions
Year
1990
Ord/Resolutions - Type
Ordinances
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the license to,the-coUrt,where it Shall be disposed of in <br />accordance w~th~section 22-347 of this chapter. When the <br />conviction is a second conviction which would require <br />revocation under the provisions of Section 46.2-389 of the <br />Code of Virginia, the court shall suspend the driver's license <br />of such person and thereupon transmit the same to the state <br />department of motor vehicles as provided by law. If such <br />person so convicted has not obtained a license required by <br />chapter 3 of title 46.2 (Section 46.2-300 et seq.) of the Code <br />of Virginia or is a nonresident, such court shall direct in <br />the judgment of conviction that such person shall not drive or <br />operate any motor vehicle in this state for a period of not <br />less than sixty (60) days nor more than six (6) months. <br /> <br />Section 22-397. Findin9 accused guilty of improper driving <br /> rather than reckless driving. <br /> <br /> Notwithstanding the ~oregoing provisions of this-article, <br />upon the trial of any person charged with a violation thereof <br />where the degree of culpability is slight, the court in its <br />discretion may find the accused not guilty of reckless driving <br />but guilty of improper driving. Improper driving shall <br />constitute a traffic infraction punishable by a fine not to <br />exceed five hundred d~llars [$500.00), <br /> <br />Section 22-423. <br /> <br />Chemical test to determine alcoholic or drug' <br />content of blood. <br /> <br /> The provisions of section 18.2-268(A) through (Z) of <br />Code of Virginia in effect on July 1, 1990, are hereby <br />incorporated by reference and adopted as a part of this <br />section. <br /> <br />the <br /> <br />Section 22-424. <br /> <br />Presumptions from alcoholic content of <br />blood. <br /> <br /> (a) In any prosecution for a violation of subsection <br />(a)(2) of section 22-421, the amount of alcohol in the blood <br />of the accused at the time of the alleged offense, as <br />indicated by a chemical analysis of a sample of the accused's <br />blood or breath to determine the alcoholic content of his <br />blood, shall give rise to the following rebuttable <br />presumptions: <br /> <br />(1) <br /> <br />If there was at that time 0.05 percent or less by <br />weight by volume of alcohol in the accused's blood, <br />it shall be presumed that the accused was not under <br />the influence of alcoholic intoxicants. <br /> <br /> <br />
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