§ 10-304

Maryland § 10-304

• Jurisdiction: Maryland
• Article gcj: Courts and Judicial Proceedings
• Title: 10

Text

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

(2) “Qualified medical person” means a person permitted to withdraw blood from a human.

(3) “Qualified person” means a person who has received training in the use of the equipment in a training program approved by the toxicologist in the Department of State Police Forensic Sciences Division and who is either a police officer, a police employee, or a person authorized by the toxicologist in the Department of State Police Forensic Sciences Division.

(b) (1) The test of breath shall be administered by a qualified person with equipment approved by the toxicologist in the Department of State Police Forensic Sciences Division at the direction of a police officer.

(2) The officer arresting the individual may not administer the test of breath.

(c) (1) (i) The blood shall be obtained by a qualified medical person using equipment approved by the toxicologist in the Department of State Police Forensic Sciences Division acting at the request of a police officer.

(ii) If a law enforcement officer testifies that the officer witnessed the taking of a blood specimen by a person who the officer reasonably believed was a qualified medical person, the officer’s testimony shall be sufficient evidence that the person was a qualified medical person and that the blood was obtained in compliance with this section, without testimony from the person who obtained the blood specimen.

(2) The test of blood shall be conducted by a qualified person using equipment approved by the toxicologist in the Department of State Police Forensic Sciences Division 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 in the Department of State Police Forensic Sciences Division, 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.