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09/09/09 10: 09 FAX 440 461 7349 MV 3tAY0R' S OFFICE -? LAVP DIR 10009 <br />Jub 09 03 12:24p Diemet`t & Rssociates (4401442-0825 p.4 <br />(3) <br />(4) <br />competcnt evidence in determining the guilt or innocence of the <br />defendant. Thi's subseCtion does not limit or affect a crimixial prasecution <br />vr juveu'sle court proceeding for a violation of subsection (b) hereof_ <br />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 attarney or agent, <br />immediately upon the completion of the chemical test analysis_ <br />The person tested may have a pliysician, a registered nurse vr a qualired <br />technieian or ehemist of the person's own ehoosing administec a cheaueal <br />test or tests in addition to any administered at therequest of a police <br />officer, and shall be so advised. The failure or inability? tu obtaizi an <br />additional chemical test by a person shall not preclude the adnussion of <br />evidence relatiug to the chemical test or tests taken at the request oF a <br />police officer. <br />A_ As used in subsections (f)(4)B, and C. of this section, "Nationa! <br />Higliway Traff?c Safety Adnunistxatiun" means the National <br />Highway Traffic Safety Administration establisfied as an <br />a.dmuustration of the United States Department of Transportation <br />tuider 96 Stat. 2415 (19$3), 49 U.S.C.A. 105. <br />B. In any criminal prosecution ar juvenile court proceediag for a <br />violation of this sectian, if a law enforcemcnt officer has <br />administered a field sobriety test to the operator of the vt?hicle <br />involved in the violation and if it is shown by elear aad convincing <br />evidence that the officcr admimxstered the test in substar,tial <br />compliance with the testing standards for any reliable, credible and <br />generally aceepted field sobriety te5ts that were in effect at the <br />time the tests were administered, including, but not iimited to, any <br />testing standards then in effect that were set by the Nationaa <br />Highway Traffic Safety Administrativn, 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 proseeution may introduce the resulcs of the fieId <br />sobriery tese so administered as evidence ua any <br />proceedings in the criminal prosecudoni or juvenile court <br />proceeding_ . <br />3_ lf testimony is presented ox evidence is introduced undcr <br />subsecrion (f)(4)8.1. or 2. of dus sectaon and if the <br />testimony or evidence is admissible undcr the Ri?les of <br />Evidence, the court shall adm.it the testimony or evidence <br />and the trier of fact shall give ii whatever weighi the trier of <br />fact considers to be apprapriate. <br />C. Subsecuon (f)(4)5. of this section does no[ limit or prec:lude a <br />• coun, in its determinatiou of whether the arrest of a pel-son was <br />s4pporoed by probable cause or its determination af any other <br />matter in a criminal prosecution, or juvenile eourt proceeding of a <br />type described in ihat subseeaon, from considering evidence vr <br />testimony tltac is not otherwise disallowed by subsection (f)(4)B.