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1972 Ordinances
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1972 Ordinances
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7/17/2001 6:44:12 PM
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6/27/2001 5:06:03 PM
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Ord/Resolutions
Year
1972
Ord/Resolutions - Type
Ordinances
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1972-91 <br /> <br />AN ORDINANCE TO AMEND THE CODE OF THE CITY OF PORTSMOU~ VIRGINIA, <br />1961, BY REPEALING SECTION 18-54 THEREOF PERTAINING TO DRIVING <br />WHILE ABILITY IMPAIRED BY ALCOHOL; BY ADDING SECTIONS 18-143.2, <br />18-252.1 AND 18-252.2 THERETO PERTAINING TO DISPOSITION OF IN- <br />OPERABLE ABANDONED VEHICLES, TAMPERING WITH MOTOR VEHICLE ODO- <br />METERS AND PENALTIES THEREFOR; AND BY AMENDING SECTIONS 18-55, <br />18-57 AND 18-238 THEREOF PERTAINING TO PRESUMPTIONS FROM ALCOHOL <br />CONTENT OF BLOOD, FORFEITURE OF RIGHT TO DRIVE, SUSPENSION OF <br />SENTENCE AND SUSPENSION OF OBJECTS SO AS TO OBSTRUCT VIEW OF DRIVER. <br /> <br /> WHEREAS, the City of Portsmouth is authorized to enact <br />as ordinances certain statutes from the Code of Virginia, provided <br />such ordinances are substantially consistent with the state law; <br />and <br /> <br /> WHEREAS, the General Assembly of Virginia at its 1972 <br />session amended certain of those statutes of the Code of Virginia, <br />1950; and <br /> <br /> WHEREAS, it is therefore necessary to amend a certain <br />chapter of the Code of the City of Portsmouth, Virginia, so as <br />to make said chapter conform to the changes in the Code of Vir- <br />ginia enacted by the General Assembly at its 1972 session. <br /> <br /> NOW, THEREFORE, BE IT ORDAINED by the Council of the City <br />of Portsmouth, Virginia: <br /> <br /> l. That the Code of the City of Portsmouth, Virginia, <br />1961, be amended by repealing section 18-54 thereof. <br /> <br /> 2. That the Code of the City of Portsmouth, Virginia, <br />1961, be amended by adding sections 18-143.2, 18-252.1 and 18- <br />252.2 thereto and by amending sections 18-55, 18-57 and 18-238, <br />such added and amended sections to read as follows: <br /> <br />Section 18-55. Presumption from alcoholic content of blood. <br /> <br /> In any prosecution for a violation of Section 18-52, <br />the amount of alcohol in the blood of the accused at the time <br />of the alleged offense as indicated by a chemical analysis of <br />the accused's blood in accordance with the provisions of Section <br />18-53, shall give rise to the following presumptions: <br /> <br /> (1) If there was at that time 0.05 percent or less by <br />weight by volume of alcohol in the accused's blood, it shall be <br />presumed that the accused was not under the influence of alcoholic <br />intoxicants; <br /> <br /> <br />
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