WILLIAM DONALD SCHAEFER, Governor Ch. 284

(b) (1) (I) Test results which comply with the requirements
of subsection (a) of this section are admissible as substantive
evidence without the presence or testimony of the technician who
administered the test. However, if the State decides to offer
the test results without the testimony of the technician, it
shall, at least [20] 30 days before trial, notify the defendant
or his attorney in writing of its intention and deliver to the
defendant or his attorney a copy of the test results to be
offered.

(II) IF AT THE REQUEST OF THE DEFENDANT THE
CASE IS TRANSFERRED TO A CIRCUIT COURT IF THE DISTRICT COURT IS
DEPRIVED OF JURISDICTION UNDER CIRCUMSTANCES IN WHICH A DEFENDANT
IS ENTITLED TO AND DEMANDS A JURY TRIAL, OR APPEALS FROM THE
DISTRICT COURT TO THE CIRCUIT COURT, THE STATE IS NOT REQUIRED TO
FILE A SECOND NOTICE.

(2)  (I) If the defendant desires the technician to be
present and testify at trial, the defendant shall notify the
court and the State in writing no later than [10] 20 days before
trial.

(II)  IF AT THE REQUEST OF THE DEFENDANT THE
CASE IS TRANSFERRED TO A CIRCUIT COURT IF THE DISTRICT COURT IS
DEPRIVED OF JURISDICTION UNDER CIRCUMSTANCES IN WHICH A DEFENDANT
IS ENTITLED TO AND DEMANDS A JURY TRIAL, OR APPEALS FROM THE
DISTRICT COURT TO THE CIRCUIT COURT, THE DEFENDANT SHALL NOTIFY
THE COURT AND THE STATE IN WRITING NO LATER THAN 20 DAYS BEFORE
TRIAL.

(III)  IF A POSTPONEMENT IS GRANTED IN A
DISTRICT COURT OR CIRCUIT COURT, THE DEFENDANT SHALL NOTIFY THE
COURT IN WRITING NO LATER THAN 20 DAYS BEFORE THE NEW TRIAL DATE.

(IV)  If such timely and proper notice is given,
the test results are inadmissible without the testimony of the
technician.

(3)  Failure to give timely and proper notice
constitutes a waiver of the defendant's right to the presence and
testimony of the technician.

10-307.

(a) (1) In a proceeding in which a person is charged with a
violation of § 388 OR § 388A of Article 27 or with driving or
attempting to drive a vehicle in violation of § 21-902 OR §
16-113(A)(2) of the Transportation Article, the amount of alcohol
in the person's breath or blood shown [in chemical BY ] BY
analysis as provided in this subtitle is admissible in evidence
and has the effect set forth in subsections (b) through (e) of
this section.

- 2351 -