MARVIN MANUEL, Governor                                 311

COURT.

(F) DATE OF CERTIFICATE.

NOTHING IN THIS SECTION PRECLUDES THE RIGHT TO
INTRODUCE ANY OTHER COMPETENT EVIDENCE BEARING UPON
THE DATE OF THE CERTIFICATE OR CHANGE IN THE EQUIPMENT
SINCE THE DATE OF THE CERTIFICATE.

REVISOR'S NOTE: This section is new language
derived from a portion of Art. 35, §100 (a),
and all of §§ 100(d), 100(e), and 100(g).

These provisions deal with the subject of
administering the chemical test by the
personnel and the equipment to be used. The
section is subdivided for ease in usage.
Language and style changes are made.

SEC. 10-305. RIGHT TO SELECT TYPE OF TEST.

THE DEFENDANT MAY SELECT THE TYPE OF TEST
ADMINISTERED, AND IF FACILITIES OR EQUIPMENT ARE NOT
AVAILABLE FOR THAT TEST THEN NONE MAY BE GIVEN, AND
THIS FACT DOES NOT CREATE AN INFERENCE OR PRESUMPTION
CONCERNING EITHER HIS GUILT OR INNOCENCE BY REASON OF
HIS INABILITY TO TAKE A TEST. THE FACT OF HIS
INABILITY TO TAKE A TEST IS NOT ADMISSIBLE IN EVIDENCE
AT HIS TRIAL, AND THIS FACT MAY NOT BE CONSIDERED A
REFUSAL TO TAKE A TEST UNDER THE VEHICLE LAWS.

REVISOR'S NOTE: This section is new language
derived from Art. 34, §100(c). A portion of
it is placed here as a logical provision.

SEC. 10-306. TEST RESULTS AVAILABLE TO ACCUSED.

UPON REQUEST, THE RESULTS OF THE TEST SHALL BE
WADE AVAILABLE TO THE PERSON TESTED BEFORE TRIAL BY AN
OFFICIAL CERTIFICATE WHICH IS ADMISSIBLE IN EVIDENCE.

REVISOR'S NOTE: This section is new language
derived from Art. 35, §100(f). Language and
style changes are made.

SEC. 10-307. CHEMICAL ANALYSIS.

(A) RESULTS OF ANALYSIS AND PRESUMPTIONS.

IN A PROCEEDING IK WHICH A PERSON IS CHARGED WITH
DRIVING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF