§ 10-306. Admissibility of intoxication test results
West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2022
Effective: October 1, 2022
MD Code, Courts and Judicial Proceedings, § 10-306
§ 10-306. Admissibility of intoxication test results
(a)(1)(i) Subject to the provisions of paragraph (2) of this subsection, in any criminal trial in which a violation of § 16-113, § 16-813, or § 21-902 of the Transportation Article, or a violation of Title 2, Subtitle 5, § 2-209, or § 3-211 of the Criminal Law Article is charged or is an issue, a copy of a report of the results of a test of breath or blood to determine alcohol concentration signed by the technician or analyst who performed the test, is admissible as substantive evidence without the presence or testimony of the technician or analyst who performed the test.
(ii) Subject to the provisions of § 10-308(b) of this subtitle and paragraph (2) of this subsection, in any criminal trial in which a violation of § 21-902 of the Transportation Article or a violation of Title 2, Subtitle 5, § 2-209, or § 3-211 of the Criminal Law Article is charged, a copy of a report of the results of a test or tests of blood to determine drug or controlled dangerous substance content signed by the technician or analyst who performed the test, is admissible as substantive evidence without the presence or testimony of the technician or analyst who performed the test.
(b)(1)(i) Test results which comply with the requirements of subsection (a) of this section are admissible as substantive evidence without the presence or testimony of the technician or analyst who administered the test.
(ii) However, if the State decides to offer the test results without the testimony of the technician or analyst, it shall, at least 30 days before trial, notify the defendant or his attorney in writing of its intention and deliver to the defendant or his attorney a copy of the test results to be offered.
Credits
Added by Acts 1973, 1st Sp. Sess., c. 2, § 1, eff. Jan. 1, 1974. Amended by Acts 1979, c. 266; Acts 1982, c. 95; Acts 1984, c. 441; Acts 1984, c. 638; Acts 1986, c. 369; Acts 1989, c. 5, § 1; Acts 1989, c. 284; Acts 1990, c. 11; Acts 1990, c. 413; Acts 1996, c. 427, § 2, eff. Oct. 1, 1996; Acts 2000, c. 629, § 1, eff. Oct. 1, 2000; Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2022, c. 226, § 1, eff. Oct. 1, 2022.
Formerly Art. 35, § 100.
MD Code, Courts and Judicial Proceedings, § 10-306, MD CTS & JUD PRO § 10-306
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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