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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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(g) Upon the request of t?i~ ~r~on whose blood <br />sample was taken for a chemical test to determine <br />the alcoholic content thereof, the results of such <br />test or tests shall be ~de available to hLm. <br /> (h) A fee not exceeding five dollars shall be <br />atlc~,~ed the person withdrawing a blood sa~te in ac- <br />cordance with this section, which Fee shall be paid <br />out of the appropriation for cri=~nal charges. If the <br />person whose blood sample was withdrawn is subsequently <br />convidted for violation of ~ 18-52, the amount' charged <br />by the person withdra~ng the sample shall be taxed <br />as part of the costs of the crir,~.~nal case and shall be <br />paid into the general fund of the State treasury. <br /> (i) in any trial for a violation of ~ 18-52 this <br />section shall not otherwise li~.~t the introduction of <br />any relevant evidence bearing upon any question at issue <br />before the court, and the court shall, regardless of <br />the result of the blood test or tests, if any, con- <br />sider such other relevant evidence of the condition <br />of the accused as shall be admissible in evidence. <br />The failure of an accused to permit a sm~ple of his <br />blood to be withdra~,m for a chemical test ~o determine <br />the alcoholic content thereof is not evidence and shall <br />not be subject vo comnent at the trial Of the case~ <br />nor shall the fact that a blood test has been offered <br />the accused be evidence or the subject of coment. <br /> (j) The form referred to in par~apn (c) shall <br />contain a brief statement of the law requiring the <br />taking of a blood sa~pte and the penalty for refusal, <br />a declaration of refusal amd lines for the signature <br />of the person from ~om the blood sample is soug~t, <br />the date and the signavure of a witness ~o the sign- <br />ing. If such person refuses or fails ~o execute such <br />declaration, the committing justice, clerk or assis- <br />tanz clerk shall certify such fact, and that the <br />mitring justice, clerk or assists~nv clerk advised the <br />person arrested that such refusal or failure, if <br />found ~o be um~easonabie, constitutes grota~ds for the <br />revocation of such person's License to drive. ~ne <br />mitting or issuing justice, clerk or assistmnt clerk <br />shall forthwith issue a warrs~nt charging the person <br />refusing to take the test to determine the alcoholic <br />content of his blood, with violation of this section'~ <br /> <br />21 <br /> <br /> <br />
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