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333.01 TRAFFIC CODE ' 52B <br />(3) Upon the request of the person who was tested, the results of the chemical <br />test shall be made available to the person or the person's attorney, <br />immediately upon the completion of the chemical test analysis. <br />The person tested may have a physician, a registered nurse, or a qualified <br />technician, chemist or phlebotomist of the person's own choosing <br />administer a chemical test or tests, at the person's expense, in addition to <br />any administered at the request of a law enforcement officer. The form to <br />be read to the person to be tested, as required under Ohio R.C. 4511.192, <br />shall state that the person may have an independent test performed at the <br />person's expense. The failure or inability to obtain an additional chemical <br />test by a person shall not preclude the admission of evidence relating to the <br />chemical test or tests taken at the request of a law enforcement officer. <br />(4) A. As used in subsections (e)(4)B. and C. of this section, "national <br />highway traffic safety administration" means the National Traffic <br />Highway Safety Administration established as an administration of <br />the United States Department of Transportation under 96 Stat. 2415 <br />(1983), 49 U.S.C.A. 105. <br />B. In any criminal prosecution or juvenile court proceeding for a <br />violation of subsection (a), (b) or (d) of this section, of a municipal <br />ordinance relating to operating a vehicle while under the influence <br />of alcohol, a drug of abuse, or alcohol and a drug of abuse, or of a <br />municipal ordinance relating to operating a vehicle with a prohibited <br />concentration of alcohol, a controlled substance, or a metabolite of <br />a controlled substance in the blood, breath or urine, if a law <br />enforcement officer has administered a field sobriety test to the <br />operator or person in physical control of the vehicle involved in the <br />violation and if it is shown by clear and convincing evidence that the <br />officer administered the test in substantial compliance with the <br />testing standards for any reliable, credible, and generally accepted <br />field sobriety tests that were in effect at the time the tests were <br />administered, including, but not limited to, any testing standards <br />then in effect that were set by the National Highway Traffic Safety <br />Administration, all of the following apply: <br />1. The officer may testify concerning the results of the field <br />sobriety test so administered. <br />2. The prosecution may introduce the results of the field <br />sobriety test so administered as evidence in any proceedings <br />in the criminal prosecution or juvenile court proceeding. <br />3. If testimony is presented or evidence is introduced under <br />subsection (e)(4)B.1. or 2. of this section and if the <br />testimony or evidence is admissible under the Rules of <br />Evidence, the court shall admit the testimony or evidence <br />and the trier of fact shall give it whatever -weight the trier of <br />fact considers to be appropriate. <br />C. Subsection (e)(4)B. of this section does not limit or preclude a <br />court, in its determination of whether the arrest of a person was <br />supported by probable cause or its determination of any other matter <br />in a criminal prosecution or juvenile court proceeding of a type <br />described in that subsection, from considering evidence or testimony <br />that is not otherwise disallowed by subsection (e)(4)B. of this <br />section. (ORC 4511.19; 4511.194) <br />2006 Replacement