Ordinance 3512 - Laserfiche WebLink

44 Os } { ORDINANCE NO. 3512 AN ORDINANCE amending Section 116 of Ordinance No. 3211 entitled: An Ordinance relating to and regulating traffic, travel, transportation and pedestrians and their incidents upon the streets, alleys and public ways of Everett, a municipal corporation; prescribing the rules of road for vehicular, pedestrian and other traffic upon such streets, alleys and public ways; prescribing the powers and duties of the officers and other persons in relation thereto ; defining offenses, providing penalties, adopting certain portions of the motor vehicle laws of the State of ashington and existing amendments thereto; and repealing ordinance numbers 2318, 2734, 150, 2348, 2522 and 2612, all relating to traffic. and declaring an emergency to exist. NO'♦, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1: That Section 116 of Ordinance No. 3211 be, and it is hereby amended to read as follows: Section 116: It shall be unlawful and punishable as herein pro- vided for any person who is under the influence of or affected by the use of intoxicating liquor or of any narcotic drug to drive or be in actual physical control of any vehicle upon the public streets or alleys of this city. In any criminal prosecution for a violation of the provisions of this section relating to driving a vehicle while under the influence of intoxicating liquor, the amount of alcohol in the defendant ' s blood at the time alleged as shown by chemical analysis of the defendant 's blood, urine, breath, or other bodily substance shall give rise to the following presumptions: If there was at that time 0.05 per cent or less by weight of alcohol in the defendant ' s blood, it shall be presumed that the defendant was not under the influence of intoxicating liquor; If there was at that time in excess of 0.05 per cent but less than 0.15 per cent by weight of alcohol in the defendant' s blood, such fact shall not give rise to any presumption that the defendant was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant ; If there was at that time 0.15 per cent or more by weight of alcohol in the defendant ' s blood it shall be presumed that the defendant was under the influence of intoxicating liquor.