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1970 Ordinances
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1970 Ordinances
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8/27/2001 12:50:29 PM
Creation date
6/28/2001 4:57:15 PM
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Ord/Resolutions
Year
1970
Ord/Resolutions - Type
Ordinances
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(d 3) A fee not to exceed fifteen dollars s~ll be allowed the <br />approved laboratory for malking the analysis of the second blood sample, <br />which fee shall be paid out of the appropriation for crirminal charges. <br />If the person whose blood ssx~le -~as withdraw~ is subsequently conflicted <br />for violation of Section 18-52, the fee charged b~ the laboratory for <br />testir~ the blood sa~ole shall be taxed a.~ part of the costs of the <br />erimina~ case and shall be paid into the general fund of the state <br />treasury. <br /> <br /> (d 4) If the chief police officer havi~g possession of the sec- <br />ond conta~.er is not directed as herein provided to mail it Yrithin seventy- <br />two ho't~rs after receiving such container then such officer shall destroy <br /> <br /> (e) Upon receipt, of the blood sample forwarded to his office <br />for analysis~ the chief medical examiner shall cause it to be examined <br />for alcoholic conzent, and he or an assistant chief medical exe~m_iner <br />shall execute a certificate which shall indicate the name of the ac- <br />cused, the date, tine ap.d by whom the blood smmple was received and <br />examined, a statement that the container seal had not been broken or <br />otherwise ~,~.~ered with, a statement that the contai~aer was one pro- <br />vided by the clnief medica2 examiner and a statement of the alcoholic <br />content of t~e sample. 'The certificate attached to the via]_ ~_~rom which <br />the blood sample ex~Jdaed was taken shall be returned to the clerk of <br />the cotmt in which the charge will be heard. The certificate attached <br />to the container fo~ded on belnalf of the accused shall also be re- <br />turned to the clerk of the court in which the charge ,~11 be heard~ ~d <br />'such certificate shall be ac~issible in evidence ~aen attested by the <br />pathologist or by the sUPerviSor of'the laboratory approved by the sta~e <br />health co~vmissioner. <br /> <br /> (f) ~en any blood ss~mple 6~en in accordmnce with the srmvi- <br />siop~ of this section is fo~arded for analysis to the office of th~ c~ef <br />medical exmminer, a report of the results of such ar~lysis shall be ma, de <br />~ad filed in that office. Upon proper ide~ntification of the vial into <br />~.~ich the blood sam~.ple was placed, the certificate s~ pzmvided for in tN~is <br />section shall, when duly attested by tlne c~nief m~dical ex&either or anz~ as- <br />sistant ci~ief medical examine?, be admissible ~n ~ny cotu~t in sany crim-~'~..al <br />proceeding as evidence of the facts thereLn stated and of the results of <br />such analysis. <br /> <br /> (g) .Upon the request of the person wN~ose blood ssm~!e was taken <br />for a cherm[ca! test to determ~ine the alcoholic content thereof~ the results <br />of such test or tests shall be mdc availeble to him.,. <br /> <br /> _.(h-) A fee not exceeding ten dollars shall be allowed the person <br />~lthd_r~w~ a blood s~le in accorda~nce with this section~ w~hich fee shal,.1 <br />be paid out of the appropriation for crLminat charges, if the person whose <br />h~eod sable ~s withdra-:rn is subsequently convicted for violation of Section. <br /> <br /> <br />
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