WILLIAM DONALD SCHAEFER, Governor Ch. 284

(III)  IF A TRIAL DATE IS POSTPONED FOR ANY
REASON, THE DEFENDANT MUST FILE A NEW SUBPOENA FOR THE
TOXICOLOGIST.

(IV)  IN ADDITION TO THE REQUIREMENTS OF RULE
4-265, THE SUBPOENA SHALL CONTAIN THE NAME, ADDRESS, AND
TELEPHONE NUMBER OF THE DEFENDANT AND OR THE DEFENDANT'S ATTORNEY
AND THE NATURE OF THE EXPECTED TESTIMONY.

(3)  A SUBPOENA FOR THE TOXICOLOGIST SHALL MAY BE
QUASHED IF A DEFENDANT FAILS TO MAKE A TIMELY AND PROPER REQUEST
UNDER THIS SECTION OR RULE 4-265 COMPLY WITH THE REQUIREMENTS OF
THIS SUBSECTION.

(4) (I) A MOTION TO QUASH A DEFENDANT'S SUBPOENA MAY
BE FILED BY ANY PARTY OR BY THE ATTORNEY GENERAL. UPON SUCH A
MOTION, THE DEFENDANT HAS THE BURDEN OF SHOWING THAT THE
TOXICOLOGIST'S PRESENCE AT TRIAL AND TESTIMONY IS NECESSARY AND
MATERIAL TO THE DEFENSE.

(II) IF A SUBPOENA IS GRANTED, THE DEFENDANT

SHALL PAY REASONABLE WITNESS FEES FOR ALL THE TIME THE

TOXICOLOGIST OR HIS STAFF SPENDS IN CONNECTION WITH THE CASE,
INCLUDING ALL REASONABLE COSTS CONNECTED WITH TRAVELING TO AND
FROM COURT.

(5) AT ANY TIME BEFORE OR DURING THE TRIAL, IF THE
TRIAL COURT FINDS THAT THE DEFENDANT'S REQUEST TO SUBPOENA THE
TOXICOLOGIST WAS FRIVOLOUS OR WAS FILED TO ANNOY OR HARASS THE
TOXICOLOGIST, THE COURT SHALL ORDER THE DEFENDANT TO PAY ANY
WITNESS FEES ACCUMULATED TO THAT POINT AS WELL AS REASONABLE
ATTORNEYS' FEES OWED FOR THE TIME EXPENDED BY THE OFFICE OF THE
STATE'S ATTORNEY AND THE OFFICE OF THE ATTORNEY GENERAL.

(6) ALL MONEYS COLLECTED UNDER THIS SECTION SHALL BE
PAID TO THE STATE OF MARYLAND TO BE DEPOSITED IN THE GENERAL
FUND.

(F) (E) THE PERSON TESTED IS PERMITTED TO HAVE A PHYSICIAN
OF THE PERSON'S OWN CHOOSING ADMINISTER TESTS IN ADDITION TO THE
ONE ADMINISTERED AT THE DIRECTION OF THE POLICE OFFICER, AND IN
THE EVENT NO TEST IS OFFERED OR REQUESTED BY THE POLICE OFFICER,
THE PERSON MAY REQUEST, AND THE OFFICER SHALL HAVE ADMINISTERED,
ONE OR MORE OF THE TESTS PROVIDED FOR IN THIS SECTION.

[(f)] (G) (F) 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.

10-305.

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