VETOES

[(e)] (D) (1) For the purpose of establishing that the test
[was] OF BREATH OR BLOOD WAS administered with equipment approved
by the toxicologist under the Postmortem Examiners Commission, a
statement signed by the toxicologist certifying that the
equipment used in the test has been approved by him shall be
prima facie evidence of the approval, and the statement is
admissible in evidence without the necessity of the toxicologist
personally appearing in court.

(2) (I) IF A DEFENDANT DESIRES THE TOXICOLOGIST TO BE
PRESENT AND TESTIFY AT TRIAL AS A WITNESS, THE DEFENDANT SHALL
FILE A REQUEST FOR A SUBPOENA FOR THE TOXICOLOGIST AT LEAST 20
DAYS BEFORE THE TRIAL IN THE APPROPRIATE COURT.

(II) 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, ANOTHER SUBPOENA MUST BE FILED AT LEAST 20
DAYS BEFORE THE TRIAL IN THE CIRCUIT COURT.------------------------------------

(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 OR THE DEFENDANTS ATTORNEY.----

(3) A SUBPOENA FOR THE TOXICOLOGIST MAY BE QUASHED IF
A DEFENDANT FAILS TO COMPLY WITH THE REQUIREMENTS OF THIS
SUBSECTION.-------------------------------------------------------------

(4) A MOTION TO QUASH A DEFENDANT'S SUBPOENA MAY BE
FILED BY AND PARTY OR BY THE ATTORNEY GENERAL.

(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) Nothing in this section precludes the right to
introduce any other competent evidence bearing upon the date of
the certificate on change in the equipment since the date of the
certficate.

10-304.

(a) (1) In this section the following words have the
meanings indicated.

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