An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1960 |
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Law Number | 548 |
Subjects |
Law Body
CHAPTER 548
An Act to amend and reenact § 18-75.1, as amended, of the Code of
Virginia, relating to chemical analysis of alcohol in blood of persons
charged with offense of drunk driving. rH 569)
Approved March 31, 1960
Be it enacted by the General Assembly of Virginia:
1. That § 18-75.1, as amended, of the Code of Virginia, be amended and
reenacted as follows:
§ 18-75.1. In any criminal prosecution under § 18-75, or similar
ordinance of any county, city or town, no person shall be required to
submit to a determination of the amount of alcohol in his blood at the
time of the alleged offense as shown by a chemical analysis of his blood,
breath, or other bodily substance; however, any person arrested for a vio-
lation of § 18-75 or similar ordinance of any county, city or town, if within
two hours of the time of the alleged offense, shall be entitled to a deter-
mination of the amount of alcohol in his blood at the time of the alleged
offense as shown by a chemical analysis of his blood or breath, provided
the request for such determination is made within * such time. Any such
person shall, at the time of his arrest, 7f within two hours of the time of
the alleged offense, be informed by the arresting authorities of his right
to such determination, and if he makes such request, the arresting author-
ities shall render full assistance in obtaining such determination with
reasonable promptness.
Only a physician, nurse or laboratory technician, shall withdraw blood
for the purpose of determining the alcoholic content therein. The blood
sample shall be placed in a sealed container provided by the Chief Medical
fxaminer. Upon completion of taking of the sample, the container must
9e resealed in the presence of the accused after calling the fact to his
attention. The container shall be especially equipped with a sealing device,
sealed so as not to allow tampering, labelled and identified showing the
person making the test, the name of the accused, the date and time of
aking. The sample shall be delivered to the police officer for transporting
or mailing to the Chief Medical Examiner. Upon receipt of the blood
sample, the office of the Chief Medical Examiner shall examine it for
alcoholic content. That office shall execute a certificate which certificate
shall indicate the name of the accused, the date, time and by whom the
same was received and examined, and a statement that the container seal
nad not been broken or otherwise tampered with and a statement of the
alcoholic content of the sample. The certificate, attached to the container
shall be returned to either the police officer making the arrest, the depart-
ment from which it came, or to the clerk of the court in which the matter
will be heard.
Upon the request of the person who was given a chemical test of
blood or breath, the results of such test shall be made available to him.
An amount not to exceed five dollars to cover the costs of taking blood
and making an analysis thereof shall be taxed as part of the costs of the
_ Other than as expressly provided herein, the provisions of this sec-
tion shall not otherwise limit the introduction of any competent evidence
bearing upon any question at issue before the court. The failure of the
accused to request such a determination is not evidence and shall not be
subject to comment in the trial of the case.