Chemical test witnesses could appear in court by video

A person subpoenaed to testify about chemical testing may appear in court by interactive video. This covers a person subpoenaed to testify about testing under the Implied Consent Act, including an analyst or toxicologist. The appearance must allow a full and meaningful chance to question and cross-examine the witness. The judge, jury, parties, and lawyers must be able to see and hear the witness clearly, and the witness must be able to see and hear the proceeding, with or without accommodation.

A defendant is treated as having agreed to an eligible witness’s appearance by interactive video. This applies to a defendant in a court proceeding about chemical testing under the Implied Consent Act. The witness must be subpoenaed to testify about testing under the Implied Consent Act. The witness must be the person who performed the test or a toxicologist from the laboratory where it was performed; the toxicologist must testify as an expert about the results.