The bill introduces provisions for the testimony of laboratory analysts and toxicologists in court proceedings related to traffic offenses, allowing them to appear via interactive video. This new section of the Implied Consent Act ensures that if a party subpoenas an analyst or toxicologist, they can testify remotely, providing a full opportunity for questioning and cross-examination in the presence of the judge, jury, and all parties involved.
Additionally, the bill amends the existing law regarding implied consent to chemical tests, clarifying that individuals operating a motor vehicle in New Mexico are deemed to have consented to chemical testing of their breath or blood if arrested for driving under the influence. It also establishes that if a laboratory analyst or toxicologist is subpoenaed to testify about chemical testing results, the defendant is considered to have consented to their appearance by interactive video. This aims to streamline court proceedings while maintaining the integrity of the legal process.
Statutes affected: introduced version: 66-8-107