55-12 Amend 333.01 OVI - Laserfiche WebLink

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(g) (h) B. Any findings as to the identity and quantity of alcohol, a drug of abuse, a controlled substance, a metabolite of a controlled sub- stance, or a combination of them that was found; C. A copy of a notarized statement by the laboratory director or a des- ignee of the director that contains the name of each certified ana- lyst or test performer involved with the report, the analyst's or test performer's employment relationship with the laboratory that is- sued the report, and a notation that performing an analysis of the type involved is part of the analyst's or test performer's regular du- ties; D. An outline of the analyst's or test performer's education, h•aining, and experience in performing the type of analysis involved and a certification that the laboratory satisfies appropriate quality control standards in general and, in this particular analysis, under rules of the Department of Health. (2) Notwithstanding any other provision of law regarding the admission of evidence, a report of the type described in subsection (f)(1) of this section is not admissible against the defendant to whom it pertains in any proceed- ing, other than a preliminary hearing or a grand jury proceeding, unless the prosecutor has served a copy of the report on the defendant's attorney or, if the defendant has no attorney, on the defendant. (3) A report of the Type described in subsection (f)(1) of this section shall not be prima-facie evidence of the contents, identity, or amount of any sub- stance if, within seven days after the defendant to whom the report pertains or the defendant's attorney receives a copy of the report, the defendant or the defendant's attorney demands the testimony of the person who signed the report. The judge in the case may extend the seven-day time limit in the interest ofjustice. Immunity From Liability For Withdrawin Bg lood' Except as othertivise provided in this subsection, any physician, registered nurse or qualified technician, chemist, or phlebotomist who withdraws blood from a person pursuant to this section or Ohio R.C. 4511.191 or 4511.192, and any hospital, first-aid station,. or clinic at which blood is withdrawn from a person pursuant to this section or• Ohio R.C. 4511.191 or 4511.192, is immune from criminal liability and civil liability based upon a claim of assault and battery or any other claim that is not a claim of mal- practice, for any act performed in withdrawing blood from the person. The im- munity provided in this subsection is not available to a person who withdraws blood if the person engaged in willful or wanton misconduct. General OVI Penalty. (1) Whoever violates any provision of subsections (a)(1)A. to E, or (a)(2) of this section is guilty of operating a vehicle under the influence of alcohol, a drug of abuse, or a combination of them. Whoever violates subsection (a)(1)F. of this section is guilty of operating a vehicle while under the in- fluence of a listed controlled substance or• a listed metabolite of a con- trolled substance. The court shall sentence the offender for either offense under Ohio R.C. Chapter 2929, and this Traffic Code, except as otherwise authorized or required by subsections (h)(1)A. to E. of this section: A. Except as otherwise provided in subsections (h)(1)B., C., D, or E. of this section, the offender is guilty of a misdemeanor of the first degree, and the offender is subject to any or all of the following penalties: 1. If the sentence is being imposed for a violation of subsec- tions (a)(1) or (a)(2) of this section, a jail term of tluee days. The court may sentence an offender to both an inter- vention program and a jail term. The court may impose a jail term in addition to the tlu•ee-day jail term or interven-