|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ch. 213
|
|
2002 LAWS OF MARYLAND
|
|
|
|
|
|
|
|
|
|
10-306.
(a) (1) (i) Subject to the provisions of paragraph (2) of this subsection, in
any criminal trial in which a violation of § 16-113, § 16-813, or § 21-902 of the
Transportation Article, or a violation of [Article 27, § 388, § 388A, or § 388B of the
Code] TITLE 2, SUBTITLE 5, § 2-209, OR § 3-211 OF THE CRIMINAL LAW ARTICLE is
charged or is an issue, a copy of a report of the results of a test of breath or blood to
determine alcohol concentration signed by the technician or analyst who performed
the test, is admissible as substantive evidence without the presence or testimony of
the technician or analyst who performed the test.
(ii) Subject to the provisions of § 10-308(b) of this subtitle and
paragraph (2) of this subsection, in any criminal trial in which a violation of § 21-902
of the Transportation Article or a violation of [Article 27, § 388, § 388A, or § 388B. of
the Code] TITLE 2, SUBTITLE 5, § 2-209, OR § 3-211 OF THE CRIMINAL LAW ARTICLE is
charged, a copy of a report of the results of a test or tests of blood to determine drug
or controlled dangerous substance content signed by the technician or analyst who
performed the test, is admissible as substantive evidence without the presence or
testimony of the technician or analyst who performed the test.
10-307.
(a) (1) In any criminal, juvenile, or civil proceeding in which a person is
alleged to have committed an act that would constitute a violation of [Article 27, §
388, § 388A, or § 388B of the Code] TITLE 2, SUBTITLE 5, § 2-209, OR § 3-211 OF THE
CRIMINAL LAW ARTICLE, or with driving or attempting to drive a vehicle in violation
of § 16-113, § 16-813, or § 21-902 of the Transportation Article, the amount of alcohol
in the person's breath or blood shown by analysis as provided in this subtitle is
admissible in evidence and has the effect set forth in subsections (b) through (g) of
this section.
10-308.
(b) The results of a test or tests to determine the drug or controlled dangerous
substance content of a person's blood:
(1) Are admissible as evidence in a criminal trial only in a prosecution
for a violation of § 21-902 of the Transportation Article, § 8-738 of the Natural
Resources Article, or [Article 27, § 388, § 388A, or § 388B of the Code] TITLE 2,
SUBTITLE 5, § 2-209, OR § 3-211 OF THE CRIMINAL LAW ARTICLE and only if other
admissible evidence is introduced that creates an inference that the person was:
(i) Driving or attempting to drive while so far impaired by any
drug, any combination of drugs, or a combination of one or more drugs and alcohol
that the person could not drive a vehicle safely, or while impaired by a controlled
dangerous substance; or
(ii) Operating or attempting to operate a vessel while the person
was so far impaired by any drug, any combination of drugs, or a combination of one or
more drugs and alcohol that the person could not operate a vessel safely, or while
impaired by a controlled dangerous substance; and
|
|
|
|
|
|
|
|
|
|
- 1802 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
