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09/06/03 10:09 FAX 440 461 7349 MV 31AYOR'S OFFICE ? LAw DIR Q005 <br />Jul'09 03 12:00p Diemert & Rssaciates 14401442-0e25 p.7 <br />competent evidence in determining the guilt or uwocence of the <br />defendant. Tb.i's subsection does not lirnit or affect a criniinai prosecution <br />or juvenile cowt proceeding for a vioiation of subsection (b) hcreof_ <br />(3) Upon the request of the person who vvas tested, the results of tJte chemical <br />test 5hali he madc available to ule pecson or the person's attorney or agent, <br />immediately upon the cnmpletiort of the cheanicsl test analysis. <br />The person tested may have a physieian, a registered nurse or a qualified <br />teefanician or chemist of the person's own ehoosing administc,?r a chemical <br />test or tests in addition to any administered at the request of a polacc <br />officer, and shall be so advised. Thc faidure or inability to obtain ati <br />additional chemical test by a person shall not preclude th.e admission of <br />evidence relating to tbe chem,ical tcst or tests taken at the request of a <br />p4lice ofFLcer. <br />(4) A. As uscd in subsecdons (f)(4)13, and C. of this section, "Na4onal <br />Highway Traffic Safety A,dministration" nneans che National <br />Highway TzatTie Safety Administrarion establishEd as an <br />administration of the United States Depariment of Transportation <br />under 96 Stat. 2415 (1983), 49 U.S.C.A. 105. <br />B. In any criminal paosecutidn or juvenilt courl• procerding for a <br />violation of this section, if a law en,forcecnent officer has <br />administered a feld sabriety test to the operator of the vehicIe <br />involved in the violation and xf it is shown by clear and convincing <br />evidcnce ttiat thc officer aclministered the test in substantial <br />eoanpliance with the testing standards for any reliable, credible and <br />generally accepted field sobriety tests that were in effect at tfae <br />time the tests were administered, imcluding, but not limited to, any <br />testing standards then in effect that were set by the Natiana] <br />Higbway Traffic Safety Administration, all of the following apply: <br />1. 'Me officer may tesdfy concezrung the resuics of the fietd <br />sobriety test so administered. <br />2. 'X'he proseeution may introduce the results of the field <br />sobriety test so adminxstered as evidenee in any <br />procecdings in the criruinal prosecuuon or juvenile court <br />proce.eding. <br />3. If testimony is presented or evidence is introduced under <br />subsection (0(4)B.1 _ or 2. of ihis section and if the <br />testimony or evidence is admissible under the Ru(es of <br />Evidence, the cowrt shaIl admit the testimony or cyfdence <br />and the trier of fact 5ha11 give it wbatever weight the tcier of <br />fact cansidr.rs to be appropriste. <br />C. Subseetion (f)(4)B. of this section doc5 not liuut or preclude a <br />coure, in its detcrminatian of whether zhe arrest of a peason was <br />supporced by probable cause or its determination of any arher <br />matter in a cximinal prmsecution or juvenile court proceeding nf a <br />fype described in that subseceion, from considering evidence or <br />tesamony that is not othc:rwise disallowed by subsecdon (fl(4)B.