The bill introduces a new section to the Implied Consent Act that allows individuals who perform or analyze chemical testing, such as analysts or toxicologists, to testify in court via interactive video. This provision ensures that the person testifying can be fully questioned and cross-examined, while remaining visible and audible to all parties involved in the proceeding. This change aims to facilitate the legal process by allowing expert witnesses to participate remotely, thereby enhancing accessibility and efficiency in court proceedings related to traffic offenses.

Additionally, the bill amends Section 66-8-107 of the New Mexico Statutes to clarify that individuals operating a motor vehicle in the state are deemed to have given consent to chemical tests of their breath or blood if arrested for driving under the influence. It specifies that if a subpoenaed expert witness from the laboratory is required to testify about chemical testing, the defendant is considered to have consented to the expert's appearance via interactive video. This amendment reinforces the legal framework surrounding implied consent and the procedures for expert testimony in DUI cases.

Statutes affected:
introduced version: 66-8-107