2004 045 Ordinance - Laserfiche WebLink

Home Browse Search

(3) Upon the rcquost of the person wlto was tested, the results of the chemical test shtdl be made available to thG person or the person's attorney, imn~ediaiely upon the completion aFthe chemical test uialysis. The pcrsqu tested may have a physician, a registered nurse, or a quttlihed technician, chemist or pl>lebatomist of the person's awn choosing adriitnister a chemical test or tests, at the person's cx~ensc, in addition to any admi~tistered at the request of a Iaw enforcement Officer. The form to be read to the person to be tested, as required antler Ohio 1:.. C. ¢511.1.92, shall state that the person may have an indePendetit test Performed at [lie person's expens~_ The failure ar inabitity to obtain an additional cheitaical test by a person shall riot preclude the adinissiori of evidence relating to tlic chemical Last or tests taken ai the request of a Jaw enfurcement o1'Cicer, (`l) A. As used in subsections (e)(~J)I3, and C. of this section, "national highKay traffic safety administration" means the National Traf>ic Highway Safety Administration established as nn administration of t1~c United States llcpartrncnt of'1'ranspartatlon under 9ti Stat. 215 {1983), X19 U.S,C.A. 1b5. I3. In any criminal prosecution ar juvenile court proceeding for a violationz of subsecionn {a), (b) ar (d) afiltis section, of a.munlcipal ordinance relating to aperatuig a vefifcTe while under the influence of alcohol, a dn3g ol'abuse, or alcohol and a drug of abn$e, ar ol'a municipal orclinanecrelating to operating a vehicle with aprohibited concentration of alcohol in the blood, breath or urine, i'f a law enforcement of~tcer haS adrrtinistered a fie]d sobriety test to the operator ar parson in physical contraf of the vehicle involved in the violation and if it is shown by clear tend convincing evidenco that the officer administered the test in substantial compIi:aacc with the testlnb standards for any tellable, credible, and generally accepted field sobriety tests that were in effect at ihq time the tests were administered, including, but slut limited ta, any testing standards then in effect that were set by ihn Nafiaual I~Iighway Traffic Safety Administration, all of the follawfng apply: 1. The officer may testify Concerning the results of the field sobriety test so ad,rt inistered. 2. The prosecution may introduce the results of the Feld sobriety test sa administered as evidence in any procecdir~gs in the criminal prosecution or juvenile court proceeding, 3, If testi~narty is presented ar evidence is introduced under subsection (e)(4}D.l. or 2, of Ibis section and iF the testimony or evidence is adnxissible under the Rufcs of Evidence, the court shall admit the testimony or evidence and the trier of fact shall give it wh:~tever weight the trier of fact considers to be appropriate.