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~I~GINi~: At an adjourned meeting of the <br />Board of Supervisors of Chesterfield <br />County, held at the Courthouse on June 2~ <br />196~ at 2:00 p.m. <br /> <br />~r~senL: <br /> <br />Mr. H.T. Goyne,Chairman <br />Mr. Irvin G.Horner <br />Mr. R.J.Britton <br />Mr. Herbe~t O. Browning <br />~'~.J.~uffin Ap~erson <br />Mr .... R.Martin <br /> <br />On mo~ion of Mr. Apperson, ~conded by ~r.Martin, it is resolved that the <br />following Ordinance be and it hereby is adopted: <br /> <br />AN OEDINA£~CE to amend Chapte~. 6 of The ~ode of the County of <br />Chesterfield, ~firg2nia, by repealing Section 6-78 t%]ereof and by <br />readopting and re~rdaining Section 6-7~ concerning the procedure <br />to follow in taking a blood test. <br /> <br />BE IT ORDAI~ED BY T~iE BO~RD O~' SUPE~{VISO~ OF CHESTE~Fi~D ~OUNTY, <br />~-IR GI NIA: <br /> <br /> 1. That Sect. 6-78 of Chapter. 6 of The Code of the County of Chesterfield, . <br />¥irginia, shall be repealed, and a new section to be known as Sect.6-78 shall be <br />readopted as follows: <br /> <br /> Sec. 6-78. Same ---Use of chemical analysis to determine alcohol <br /> in blood; procedure; costs; evidence. <br /> <br /> (a) As used in this Section "license" means any operatcr's, chauffeur's <br />or learner's permit or license authorizing the operation of a motor vehicle <br />upon the highways. <br /> <br /> (b) Any person whether licensed by Virginia or not, who operates a motor <br />vehicle upon a public highway in this State on and after July one, ninteen <br />hundred sixty-four, shall be deemed thereby, as a condition of such operation, to <br />have consen%ed to have a sample of his blood taken for a chemical test to determine <br />the alcoholic content thereof, if such person is arrested for a violation of <br />Section 6-77. <br /> <br /> (c) If a person after ibeihg 'arrested for a violation of Sect.6-77 <br />and after havingb een advised by the arresting officer that a person who operates <br />a mo%or vehicle upon a public highway in this State shall be deemed thereby, <br />as a condition of such operation, to have consented to have a sample of his <br />blood taken for a chemical test to determine the alcoholic content thereof, and <br />that the unreasonable refusal to do so constitutes grounds for the revocation~ <br />of the privilege of operating a motor vehicle upon the highways of this State, <br />then refuses to permit the taking of a sample of his blood for such tests, the <br />arresting officer shall take the person arrested before a committing magistrate ~ <br />and if he does again so refuse after having been further advised by such magistrate <br />of the law requiring a blood test to be taken and the penalty for refusal, and <br />so declares again his refusal in writing upon a form provided by the Chief Medical <br />Examiner of Virginia ( hereinafter referred to as Chief Medical Examiner), or <br />refuses or fails to so declare in writing and such fact is certified as prescribed <br />in paragraph (j), then no blood sample shall be taken even though he may there- <br />after request same. <br /> <br /> (d) Only a physician, registered professional nurse, graduate laboratory <br />technician or a technician or nurse designated by order of a court of record <br />acting upon the recommendation of a licensed physician, using soap and water to <br />cleanse the part of the body from which the blood is taken and using instruments <br />sterilized by the accepted steam sterilizer or some other sterilizer which will '~' <br />not affect the accuracy of the test, or using chemically clean sterile disposable <br />syringes, shall withdraw blood for the purpose of determining the alcoholic <br />content thereof. <br /> <br /> (~?1) ~ortions of the blood sample so withdrawn shall be placed in <br />each of %wo vials provided by the Chief Medical Examiner, which vials shall be <br />sealed and labeled by the person taking the sample or at his direction, showing <br />on each the name of the accused, the name of the person taking the blood sample,. <br />and the date and time the blood sample was taken. The vials shall be placed in <br />two containers provided by the Chief Medical Examiner, which containers shall be] <br />sealed so as not to allow tampering with the contents. The arresting or <br />accompanying officer shall take possession of the two containers holding the <br />vials as soon as the vials are placed in such containers and sealed, and shall <br />transport or mail one of ~he vials forthwith to the Chief Medical Examiner. <br />The officer taking ~ossession of the other contained (hereinafter referred to <br />as second container; shall, immediately after taking possession of said second <br />container give to the accused a form provided by the Chief Medical Examiner <br />which shall set forth the procedure to obtain an independent analysis of the <br />blood in the second container, and a list of those laboratories and their <br />addresses, approved by the State Health Commissioner; such form shall contain <br />a soace for the accused or his counsel to direct the officer possessing such second <br />container to forward that container to such approved laboratory for analysis, <br />if desired. The officer having the second container, after delivery of the form <br />referred to in the preceding sentence ( unless at that time directed by the <br />accused in writing on such form to forward the second container to an approved <br />tabora%ory of the accused's choice, in which event the officer shall do so) <br /> <br /> <br />