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Session Laws, 1963
Volume 671, Page 35   View pdf image (33K)
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J. MILLARD TAWES, Governor                        35

chief medical examiner of the Department of Post-Mortem Exam-
iners. In any summary proceeding or criminal proceeding for which
the defendant is charged with driving a motor vehicle while under
the influence of intoxicating liquor, the amount of alcohol in the
defendant's blood, as shown by a chemical analysis as set forth in
[the preceding] this section, which was conducted with equipment
approved by the toxicologist of the office of the chief medical exam-
iner of the Department of Post-Mortem Examiners, and operated by
such qualified personnel, shall be admissible in evidence and shall
give rise to the following presumptions:

1.    If there was at that time in his blood five one-hundredths of
one percentum (0.05%) or less, by weight, of alcohol, as determined
by an analysis of his blood or breath, or if there was in his urine
eight one-hundredths of one percentum (0.08'%) or less, by weight,
of alcohol, it shall be presumed that the defendant was not under
the influence of intoxicating liquor;

2.    If there was at that time in his blood more than five one-
hundredths of one percentum (0.05%), but less than fifteen one-
hundredths of one percentum (0.15%), by weight, of alcohol, as
determined by an analysis of his blood or breath, or if there was in
his urine more than eight one-hundredths of one percentum
[(0.8%)] (0.08%), but less than twenty one-hundredths of one per-
centum (0.20%), by weight, of alcohol, such fact shall not give rise
to any presumption that the defendant was or was not under the
influence of intoxicating liquor, but such fact may be considered with
other competent evidence in determining the guilt or innocence of
the defendant;

3.    If there was at that time in his blood fifteen one-hundredths
of one percentum (0.15%), or more, by weight, of alcohol, as deter-
mined by an analysis of his blood or breath, or if there was in his
urine twenty one-hundredths of one percentum (0.20%), or more,
by weight, of alcohol, it shall be prima facie evidence that the
defendant was under the influence of intoxicating liquor.

Sec. 2. And be it further enacted, That this Act shall take effect
June 1, 1963.

Approved February 26, 1963.

CHAPTER 17
(Senate Bill 44)

AN ACT to repeal and re-enact, with amendments, Section 41 IF of
Article 66C of the Annotated Code of Maryland (1962 Supple-
ment) title "Natural Resources", sub-title "Patuxent River Water-
shed", amending laws concerning the Patuxent River Watershed,
in order to correct an error in the Section relating to the acquisi-
tion of certain lands for the purposes of the Patuxent River Water-
shed plan.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 411F of Article 66C of the Annotated Code of Mary-

 

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Session Laws, 1963
Volume 671, Page 35   View pdf image (33K)
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