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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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Template:
Ord/Resolutions
Year
1962
Ord/Resolutions - Type
Ordinances
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[e) An amount not to exceed five dollars to <br />cover the costs of taking blood and making an <br />analysis thereof shall be taxed as part of the <br />costs of the criminal case;provided further that <br />all costs incident to a~alysis made by labor&tory <br />other than that of Chief bledical Examiner shall be <br />paid by the accused. <br /> <br /> (f) If the person arrested refused to permlt <br /> the taking Of blood for.such test, the provisions of <br /> this section shall not otheKwlse limit the introduction - <br /> of any competent evidence bearing upon any question <br /> at issue before Ole court. The failure of the <br /> accused to submit to such a blood test for the <br /> determination of alcoholic content thereof is not <br /> evidence and shall not be subject to comment in the <br /> trial of the case, but when the person arrested within <br /> two hours of the time of his arrest requests or consents <br /> to the taking of a blood sample .for chemical analysis, <br /> if the result of such chemical analysis of the blood <br /> sample taken is not received in evidence at the trial <br /> for any reason whatever, including but not limited <br /> to the failure on the part of any person, except the <br /> person arrestod~ to comply strictly with every <br /> provision of this section, then the rights of the <br /> person arrested shall be deemed.to have been prejudiee~ <br /> and he shall be found not guilty of any offense under <br /> § 18-52 and }lis license shall not be revoked under <br />any provision of this section. <br /> In the event that the city fails to comply with <br /> any of the requirements.of this section, then this <br /> failure shall be deemed a reasonable doubt of <br />. defendant's guilt. <br /> <br /> (g) If e person, after being arrested and after <br />having been advised by the arresting officer that <br />the law requires a person accused of tSe violation <br />of ~ 18-52 to permit a sample of his blood to be <br />taken so that a test may be made-of his blood ~to <br />determine the alcoholic content thereof and that <br />refusal.to do so constitutes grounds for the <br />revocation of the privilege of operating a motor <br /> <br /> <br />
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