55-12 Amend 333.01 OVI - Laserfiche WebLink

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f the chemical test was obtained pursuant to subsection (e)(1)B. hereof, the person tested may have a physician, a registered nurse, or a qualified technician, chemist or phlebotomist of the person's own choosing administer a chemical test or tests, at the person's expense, in addition to any administered at the request of a law enforcement officer. If the person was under arrest as described in division (A)(5) of Ohio R.C. 4511.191, the arresting officer shall advise the person at the time of the arrest that the person may have an independent chemical test taken at the person's own expense. If the person was under arrest other than described in division (A)(5) of Ohio R.C. 4511.191, the form to be read to the person to be tested, as required under Ohio R.C. 4511.192, shall state that the person may have an independent test performed at the person's expense. The fail- ure or inability to obtain an additional chemical test by a person shall not preclude the admission of evidence relating to the chemical test or tests taken at the request of a law enforcement officer. (4) A. As used in subsections (e)(4)B. and C. of this section, "national highway traffic safety administration" means the National Traffic Highway Safety Administration established as an adminishation 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 concenhation 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 auy 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- dence, the court shall admit the testimony or evidence and the tier of fact shall give it whatever weight the trier 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 in a criminal 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)