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1962 Ordinances
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1962 Ordinances
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Last modified
7/17/2001 6:27:47 PM
Creation date
6/28/2001 5:49:06 PM
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Ord/Resolutions
Year
1962
Ord/Resolutions - Type
Ordinances
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by reason of physical or mental disability to <br /> receive it, to the accused or the attorney for the <br /> accused within a twenty-four hour period f611owing <br /> the withdrawal of the blood, and the accused,~or <br /> the attorney for the accused, shall deliver by <br /> transporting or by mailing the same to a laboratory <br />supervised by a pathologist or a laboratory approved <br /> by the State Health Commissioner as one having <br /> sufficient equipment and personnel competent to make <br /> such test for testing in the same manner as hereinafter <br /> set forth as procedure to be followed by the Chief <br /> Medical Examiner, and provided further that all <br /> procedures established herein 'for use in transmittal, <br /> testing and admission of results in trial of the <br /> case for the sample sent to the Chief Medical Examiner <br /> shall apply to the sample sent by or on behalf of <br /> the accused to an approved testing laboratory. Upon <br /> receipt of the blood sample, the Chief bIedical Examiner - <br /> shall cause it to be examined for alcoholic content <br /> by the State Toxicologist or by an Assistant State <br /> Toxicologist, who, upon the completion of such <br /> examination shall execute a certificate which <br /> certificate shall indicate the name of the accused, <br /> the date, time and by whom the same was received and <br /> examined, a statement that t~e container seal bad <br /> not been broken or otherwise tampered with, that the <br /> container was one provided by the Chief Medical <br /> Examiner and a statement of the alcoholic content'of <br /> the sample. The certificate attached to the container <br /> shall be returned to either the police officer making <br /> the arrest, the department from which it came, or <br /> ~o the clerk of the court in which the matter will <br /> be heard; and the certificate attached to the container <br /> forwarded by or on behalf of the accused shall be <br /> returned to the clerk of the court in which the matter <br /> will be heard, and such certificate shall be admissible <br /> in evidence when attested by the pathologist or by <br /> the supervisor of ~he laboratory approved by the State <br /> Health Commissioner. <br /> <br /> (d) Upon the request of the person who was given <br />a chemical test of blood, the results of each test <br />shall be made available to him. <br /> <br /> <br />
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