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2000 LAWS OF MARYLAND
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Ch. 629
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4. Failure to give the timely and proper notice constitutes a
waiver of the defendant's right to the presence and testimony of the qualified medical
person.
(2) The test of blood shall be conducted by a qualified person using
equipment approved by the toxicologist under the Postmortem Examiners
Commission in a laboratory approved by the toxicologist.
(d) (1) For the purpose of establishing that the test 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 beyond 30 days from
the trial date for which the subpoena was issued, the defendant shall file a new
subpoena for the toxicologist.
(iv) In addition to the requirements of Maryland Rules 4-265 and
4-266, the subpoena shall contain the name, address, and telephone number of the
defendant or the defendant's 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 any 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 or change in the
equipment since the date of the certificate.
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