| | | stating the results of the analysis.__That certificate, when | | duly signed and sworn to by the certified person, is | | admissible in evidence in any court of the State.__It is | | prima facie evidence that the percentage by weight of | | alcohol in the defendant's blood was, at the time the breath | | sample was taken, as stated in the certificate, unless, with | | 10 days' written notice to the prosecution, the defendant | | requests that the operator or other qualified witness | | testify as to the results of the analysis. |
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| | | C.__Transfer of sample specimens to and from a laboratory | | for purposes of analysis must be by certified or registered | | mail and, when so made, is deemed to comply with all | | requirements regarding the continuity of custody of physical | | evidence. |
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| | | D.__The failure of a person to comply with the duty to | | submit to and complete a chemical test under section 10702, | | subsection 1 is admissible in evidence on the issue of | | whether that person was under the influence of intoxicating | | liquor or drugs.__If the law enforcement officer having | | probable cause to believe that the person hunted wild | | animals or wild birds or operated or attempted to operate a | | watercraft, snowmobile or ATV while under the influence of | | intoxicating liquor or drugs fails to give either of the | | warnings required under subsection 2, the failure of the | | person to comply with the duty to submit to a chemical test | | is not admissible, except when a test was required pursuant | | to subsection 11.__If a failure to submit to and complete a | | chemical test is not admitted into evidence, the court may | | inform the jury of the fact that a test result is not | | available. |
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| | | E.__If a test result is not available for a reason other | | than a person's failure to comply with the duty to submit to | | and complete a chemical test, the unavailability and the | | reason are admissible in evidence. |
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| | | 8.__Statements by accused.__Any statement by a defendant that | | the defendant was the operator of a watercraft, snowmobile or ATV | | that the defendant is accused of operating in violation of | | section 10701, subsection 1 is admissible if it was made | | voluntarily and is otherwise admissible under the United States | | Constitution or the Constitution of Maine.__The statement may | | constitute sufficient proof by itself, without further proof of | | corpus delicti, that the watercraft, snowmobile or ATV was | | operated by the defendant.__Any statement by a defendant that the | | defendant was hunting wild animals or wild birds is admissible | | against a defendant accused of hunting wild animals or wild birds | | in violation of section 10701, subsection 1 if the statement was |
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