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1964 Ordinances
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1964 Ordinances
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Last modified
7/17/2001 6:28:53 PM
Creation date
6/28/2001 5:34:21 PM
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Ord/Resolutions
Year
1964
Ord/Resolutions - Type
Ordinances
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(d3) A fee not to exceed ~.~ ~s~t be all~ed <br /> the approved laborator~y for making the analysis of the <br /> second blood s~mpte which fee shall be ps_id out of the <br /> appropriation for crLv~nal c~rges. ~f the persmn whose <br /> blood s~mpte was ~ithdrawn is subsequently convicted <br /> for violation of ~ t8-52, the fee charged by the l~o- <br /> rato~y for testin~ the blood Saqple shall ~e taxed as <br /> par~ of the costs of the criminal case and shall be <br /> paid into the general fund of the State treasury. <br /> (d4) If the chief police officer having possession <br /> of the second container is no~ directed as herein pro- <br /> vided to ma~l it within sevenvy-two (7~) hours after <br /> receiving said container then said officer shall des- <br /> troy s~me. <br /> (e) Upon receipt of the blood s&,mple forwarded to <br />his office for analysis, the Chief Medical Examiner <br />shall cause it to be examined for alcoholic content <br />and he or an Assistant Chief I~dicai E×~v~ner shall <br />execute a certificate, which shall indicate the na~ <br />of the accused, the date, tLme and by whom the blood <br />sample was received and examined, a statemen~ that <br />the container seal had not been broken or othe~.~ise <br />ts~ered with, a sta~emsnt that the col~'f-~:~ner was one <br />provided by the Chief Medical E~m,miner and ~ state.~?~ent <br />of the alcoholic content of the sample. ~ne certificate <br />attached ~o the ~at from ~nicL vhe blood s~mple exs~m~ <br />ined ;?as taken shall be retu~ea ~o the clerk of the <br />cotu~t in '~fnich the cha~ge will oe heard. The certiciate <br />attached ~o the con~ainer fo~,,~arded on beha2f of the <br />accused shall also be returneo ~o the clerk of the court <br />in ~/aich the charge will be heard, and such certificate <br />shall be admissible in evidence when attested by the <br />pathologist or by the supervisor of the laborator~y ap- <br />proved by the State Health Co~,~issioner. <br /> (f) W~en any blood sample taken in accordmmce <br />with the provisions of this section is fo~;arded for <br />analysis ~o the office of the Chief Medical Exami~er, <br />a report of the results oF such analysis shall be =~de <br />mud filed in that office, b~:on proper identification <br />of the ~ial into which the blood sample was placed, the <br />certificate as provided for ~ tb~s section shall, when <br />culy attested by the Chief Medical Exmminer, or <br />Assistant Chief Medical Examiner, be admissible in any <br />court, in any criminal ~roceedi~g, s~ evidence of the <br />?acts therein stated mud of the results of such analysis. <br /> <br />2O <br /> <br /> <br />
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