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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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vehicle upon the highways of this State, then <br />refuses to permit the taking of blood for such <br />a test and does further so refuse upon b~ing <br />taken before a committing justice, and being <br />there again by the committing justice advised of the <br />-lam .requiring a blood test to be taken and the <br />penalty ~ refusal, all within two hours of the <br />alleged offense, and so declares again his refusal <br />in writing upon a form provided by the committing <br />justice~ then no bIood sample shall be taken. <br /> <br /> (h) The form provided for in paragraph (g) <br /> above shall contain a brief statement of the law <br /> requiring the taking of a blood sample and the penalty <br /> for refusal, a declaration of refusal, and spaces <br /> for the signature of the person from whom the blood <br /> s~mple is sought, the date and the signature of a <br /> witness to the signing. If such persgn refuses <br /> or fails to execute such declaration, the committing <br /> justice shall certify such fact and that the committing <br /> justice advised the person arrested that such refusal <br /> orl failure, if found to be unreasonable, constitutes <br /> grounds for revocation of such person's license to <br /> drive upon the form and sign same. The committing <br /> or issuing justice shall forthwith issue a warrant <br /> chargin~ the person refusing to take the test to <br />~ determine, the alcoholic content of his blood, with-- <br /> violation of this section, which warrant shall be <br /> executed as any other criminal warrant. The defendant <br /> shall be given-a copy of said warrant. <br /> <br /> (i) The executed declaration of refusal or <br />certificate of the committing justice'shall be <br />attached to the warrant~ as the case may be, and <br />shall be forwarded by the committing justice to the <br />court in which the offense of driving under the <br />influence Will be tried. <br /> <br /> (j) When the court receives the certificate of <br />refusal referred to in paragraph (i), together with <br />the warrant charging the defendant with violation of <br />~ 18-52, the court shall fix a date for the trial of <br />said warrant at such time as the court may designate, <br />but subsequent to the defendant's trial for driving <br /> <br /> <br />
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