55-12 Amend 333.01 OVI - Laserfiche WebLink

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(4) A. As used in subsections (e)(4)B. and C. of this section, "national highway traffic safety administration" means the National Traffic Highway SafetS~ Administration established as an administration of the United States Department of Transportation under 96 Stat. 2415 (1983),49 U.S.C.A. 105. B. In any criminal prosecution or juvenile court proceeding fora vio- lation of subsection (a), (b) or (d) of this section, of a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, or of a municipal ordinance relating to operating a vehicle with a prohib- ited concentration of alcohol, a controlled substance, or a metabo- lite of a controlled substance in the whole blood, blood serum or plasma, breath or urine, if a law enforcement officer has adminis- tered afield sobriety test to the operator or person in physical con- trol of the vehicle involved in the violation and if it is shown by clear and convincing evidence that the officer administered the test in substantial compliance with the testing standards for any reli- able, credible, and generally accepted field sobriety tests that were in effect at the time the tests were administered, including, but not limited to, any testing standards then in effect that were set by the National Highway Traffic Safety Administration, all of the follow- ing apply: 1. The officer may testify concerning the results of the field sobriety test so administered. 2. The prosecution may introduce the results of the field so- briety test so administered as evidence in any proceedings in the criminal prosecution or juvenile court proceeding. 3. If testimony is presented or evidence is introduced under subsection (e)(4)B.1. or 2. of this section and if the testi- mony or evidence is admissible under the Rules of Evi- den~e, the court shall admit the testimony or evidence and the trier of fact shall give it whatever weight the ti•ier of fact considers to be appropriate. C. Subsection (e)(4)B. of this section does not limit or preclude a court, in its determination of whether the arrest of a person was supported by probable cause or its determination of any other mat- ter m a crrmmal prosecution or juvenile court proceeding of a type described in that subsection, from considering evidence or testi- mony that is not otherwise disallowed by subsection (e)(4)B. of this section. (ORC 4511.19; 4511.194) (f) Forensic Laboratory Reports. (1) Subject to subsection (f)(3) of this section, in any criminal prosecution or juvenile court proceeding for a violation of subsection (a)(1)B., C., D., E., or F.. or (b)(1), (2), (3) or (4) of this section or for an equivalent offense that is substantially equivalent to any of those subsections, a laboratory re- port from any laboratory personnel issued a permit by the Department of Health authorizing an analysis as described in this subsection that contains an analysis of the whole blood, blood serum or plasma, breath, urine, or other bodily substance tested and that contains all of the information speci- fied in this subsection shall be admitted as-prima-facie evidence of the in- formation and statements that the report contains. The laboratory report shall contain all of the following: A. The signature, under oath, of any person who performed the analy- sis;