(a) The crime laboratory of the Department of Justice shall promulgate rules concerning the certification of:(1) chemical test operators;(2) machines and chemicals, if any, used in the operation of such machines; and(3) the technique used in operating a chemical testing machine.
(1) chemical test operators;
(2) machines and chemicals, if any, used in the operation of such machines; and
(3) the technique used in operating a chemical testing machine.
(b) The rules promulgated under subsection (a) of this section shall provide for the issuance of a certificate:(1) to each properly trained chemical test operator;(2) for each properly inspected and calibrated chemical test machine; and(3) stating the correct procedure to be used in operating a chemical test machine.Certificates issued under (b)(2) must specify the specific period of time for which the inspection and calibration is valid.
(1) to each properly trained chemical test operator;
(2) for each properly inspected and calibrated chemical test machine; and
(3) stating the correct procedure to be used in operating a chemical test machine.
Certificates issued under (b)(2) must specify the specific period of time for which the inspection and calibration is valid.
(c) Certificates issued under subsection (b) of this section:(1) shall be sent to each court in the judicial district that has jurisdiction over violations of section 493 of this chapter;(2) are admissible in any proceeding involving a violation of section 493 or a chemical test under section 493c of this chapter;(3) are prima facie evidence that:(A) the certified operator was properly trained in the operation of the chemical test machine;(B) the chemical test machine was inspected and properly calibrated for the specific period mentioned on the certificate;(C) the procedure for operating the chemical test machine is correct.
(1) shall be sent to each court in the judicial district that has jurisdiction over violations of section 493 of this chapter;
(2) are admissible in any proceeding involving a violation of section 493 or a chemical test under section 493c of this chapter;
(3) are prima facie evidence that:(A) the certified operator was properly trained in the operation of the chemical test machine;(B) the chemical test machine was inspected and properly calibrated for the specific period mentioned on the certificate;(C) the procedure for operating the chemical test machine is correct.
(A) the certified operator was properly trained in the operation of the chemical test machine;
(B) the chemical test machine was inspected and properly calibrated for the specific period mentioned on the certificate;
(C) the procedure for operating the chemical test machine is correct.