LD 1600
pg. 81
Page 80 of 361 PUBLIC Law Chapter 414 Page 82 of 361
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LR 2121
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in court as prima facie evidence that the equipment was
approved by the Department of Human Services for use by the
law enforcement officer to collect and analyze a sample
specimen of the defendant's breath.

 
F.__Failure to comply with any provision of this subsection
or with any rule adopted under this subsection does not, by
itself, result in the exclusion of evidence of blood-alcohol
level or drug concentration, unless the evidence is
determined to be not sufficiently reliable.

 
G.__Testimony or other evidence that any materials used in
operating or checking the operation of the equipment were
bearing a statement of the manufacturer or of the Department
of Human Services must be accepted in court as prima facie
evidence that the materials were of a composition and
quality as stated.

 
H.__A person certified by the Maine Criminal Justice
Academy, under certification standards set by the academy,
as qualified to operate approved self-contained, breath-
alcohol testing apparatuses may operate those apparatuses to
collect and analyze a sample specimen of a defendant's
breath.

 
6.__Liability.__A physician, physician's assistant, registered
nurse, person certified by the Department of Human Services or
hospital or other health care provider in the exercise of due
care is not liable in damages or otherwise for any act done or
omitted in performing the act of collecting or withdrawing
specimens of blood at the request of a law enforcement officer
pursuant to this section.

 
7.__Evidence.__The percentage by weight of alcohol in the
defendant's blood at the time alleged and the concentration of
drugs at the time alleged, as shown by the chemical analysis of
the defendant's blood, breath or urine or by any test authorized
by subsection 5 is admissible in evidence.

 
A.__When a person certified under subsection 5 conducts a
chemical analysis of blood, breath or urine to determine
blood-alcohol level or drug concentration, the person may
issue a certificate 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 person
taking a specimen of blood or urine was a person authorized
by subsection 5; that the equipment, chemicals and other
materials used in the taking of the blood or urine specimen
or a breath sample were of a quality appropriate for the


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