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Session Laws, 1989
Volume 771, Page 4651   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

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

(F) 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, AN THE OFFICER SHALL HAVE ADMINISTERED, ONE
OR MORE OF THE TESTS PROVIDED FOR IN THIS SECTION.

[(f)] (G) 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.

(a) The type of test administered to the defendant TO
DETERMINE ALCOHOL CONCENTRATION shall be the [chemical] test of
breath except that the [chemical] test of blood shall be the type
of test administered if:

(1)  The defendant is unconscious or otherwise
incapable of refusing to take a [chemical] test for alcohol OR
DRUGS OR BOTH;

(2)   Injuries to the defendant require removal of the
defendant to a medical facility; or

(3)  The equipment for administering the [chemical]
test of breath is not available.

(B) IN ADDITION TO THE BREATH TEST TO DETERMINE ALCOHOL
CONCENTRATION, THE TEST TO DETERMINE DRUG CONTENT ADMINISTERED TO
THE DEFENDANT MAY BE THE TESTS OF BLOOD, URINE, AND OTHER BODY
FLUIDS.

[(b)] (C) Any person who is dead, unconscious, or
otherwise in a condition rendering him incapable of test refusal
shall be deemed not to have withdrawn consent.

10-306.

(a) (1) Subject to the provisions of paragraph (2) of this
subsection, in any criminal trial in which [intoxication due to
the consumption of alcohol, being under the influence of alcohol,
or the violation of an alcohol restriction] A VIOLATION OF §
16-113(A)(2) OR § 21-902 OF THE TRANSPORTATION ARTICLE, OR A
VIOLATION OF ARTICLE 27, § 388 OR § 388A OF THE CODE[,] is an
issue, a copy of a report of the results of a [chemical] test of
breath [or], blood, OR URINE OR OTHER BODY FLUIDS signed by

- 4651 -

 

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Session Laws, 1989
Volume 771, Page 4651   View pdf image
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