Minutes 01/10/1967 - Laserfiche WebLink

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(e) Upon receipt of the blood sample forwarded to his office for analysis, -- the Chief Medical Examiner shall cause it to be examined for alcoholic content and he or an Assistant Chief Medical Examiner shall execute a certificate which shall indicate the name of the accused, the date, time and by whom the blood sample was received and examined, a statement that the container seal had not been broken or otherwise tampered with, a statement that the container was one provided by the Chief Medical Examiner and a statement of the alcoholic content of the sample. The certificate attached to the vial from which the blood sample examined was taken shall be returned to the clerk of the court in which the charge will be heard. The certificate attached to the container forwarded on behalf of the accused shall also be returned to the clerk of the court in which the charge will be heard, and such certificate shall be admissible in evidence when attested by the pathologist or by the supervisor of the laboratory approved by the State Health Commissioner. (f) When any blood sample tcl{en in accordance with the provisions of this S9ction is forwarded for analysis to the office of the Chief Medical Examiner, a report of the results of such analysis shall be made and filed in that office. Upon proper identification of the vial into which the blood sample was placed, the certificate as provided for in this section shall, when duly attested by the Chief Msiical Examiner, or any Assistant Chief Medical Examiner, be admissible in any court, in any c~iminal proceedin6, ns evidence of the facts therein stated and of V18 results of such analysis. ._- (g) Upon the request of the person whose blood sample was tween for a chemical test to dete~ine the alcoholic content thereof, the results of such test or tests she.ll be IIl:J.de available to hin. (J A fee not exceeding five dollars shall be allowed the person withdrawing a blood sample in accordance w~th this section, which fee shall be paid out of the General Fund of the Treasury of the city. Jf the person .mose blood sxnple was withdru'N'n is subsec;.c:ently convicted for violation of Section 9-169, or of a similar ordinance of this City, the amount charged by the person withdrawing the sample shall be taxed as part of the costs of the criminal case and shall be paid into the General Fund of the Treasury of the city. (i) In any trial for a violation of Section 9-169 of the Code, or of a similar ordinance of this City, this section shall not otherwise limit the introduction of any relevant evidence bearing upon any question at issue before the court, and the court shall, regardless of the result of the blood test or tests, if any, consider such other relevant evidence of the condition of the accused as shall be admissible in evidence. The failure of an accused to permit a sample of his blood to be with- dra'~ for a chemical test to determine the alcoholic content thereof is not evidence and shall not be subject to cO~~8nt at the trial of the case; nor shall the fact that a blood test had been offered the accused be evidence or the subject of comment. (j) The ferm referred to in paraGraph (c) shall contain a brief statement of the la.! requiring the taking of a blood sample and the penalty for refusal, a declaration of refusal and lines for the sig~~ture of the person from whom the blood sanple is sought, the date and the signature of a witness to the signing. If such person refuses or fails to execute such declaration, the committing justice, clerk or assistant clerk shall certify such fact, and that the committing justice, clerk - -)-