Nev. Rev. Stat. § 50.320

Admissibility of affidavit or declaration of chemist or other expert witness regarding presence in breath, blood or urine of alcohol, controlled substance, chemical, poison, organic solvent or another prohibited substance or regarding identity or quantity of controlled substance possessed

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NRS 50.320 Admissibility of affidavit or declaration of chemist or other expert witness regarding presence in breath, blood or urine of alcohol, controlled substance, chemical, poison, organic solvent or another prohibited substance or regarding identity or quantity of controlled substance possessed.

1. The affidavit or declaration of a chemist and any other person who has qualified in a court of record in this State to testify as an expert witness regarding the presence in the breath, blood or urine of a person of alcohol, a controlled substance, or a chemical, poison, organic solvent or another prohibited substance, or the identity or quantity of a controlled substance alleged to have been in the possession of a person, which is submitted to prove:

(a) The quantity of the purported controlled substance; or

(b) The concentration of alcohol or the presence or absence of a controlled substance, chemical, poison, organic solvent or another prohibited substance, as the case may be,

Ê is admissible in the manner provided in this section.

2. An affidavit or declaration which is submitted to prove any fact set forth in subsection 1 must be admitted into evidence when submitted during any administrative proceeding, preliminary hearing or hearing before a grand jury. The court shall not sustain any objection to the admission of such an affidavit or declaration.

3. The defendant may object in writing to admitting into evidence an affidavit or declaration submitted to prove any fact set forth in subsection 1 during the defendant’s trial. If the defendant makes such an objection, the court shall not admit the affidavit or declaration into evidence and the prosecuting attorney may cause the person to testify to any information contained in the affidavit or declaration.

4. The Committee on Testing for Intoxication shall adopt regulations prescribing the form of the affidavits and declarations described in this section.

5. As used in this section, “chemist” means any person employed in a medical laboratory, pathology laboratory, toxicology laboratory or forensic laboratory whose duties include, without limitation:

(a) The analysis of the breath, blood or urine of a person to determine the presence or quantification of alcohol or a controlled substance, chemical, poison, organic solvent or another prohibited substance; or

(b) Determining the identity or quantity of any controlled substance.

(Added to NRS by 1995, 2712; A 1997, 1420; 1999, 443, 2469, 3402; 2001, 172; 2005, 2046; 2007, 397; 2009, 32)

Notes of Decisions

Cited in 7 cases, 1997–2015 · leading case: Cramer v. State, Department of Motor Vehicles

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Cramer v. State, Department of Motor Vehicles (2010) nev · cites it 31× “: In 1995, the Legislature enacted NRS 50.320, which permits the use of an affidavit to prove a person’s blood-alcohol content in certain proceedings, including driver’s license revocation hearings, by a person who has been previously qualified to testify as an expert witness by…”

Derosa v. First Judicial District Court (1999) nev · cites it 9× “NRS 50.320 permits the use of an affidavit or declaration of a chemist or other qualified individual who performed certain lab tests, including controlled substance and blood-alcohol analysis.”

State, Department of Motor Vehicles v. Bremer (1997) nev “315 was incorporated into NRS 50.320(1). 3 See NRS 233B.123. Also, NRS 233B.”

VALENTI VS. STATE, DEPT. OF MOTOR VEHICLES (2015) nev · cites it 46× “: In this appeal, we consider whether a chemist, as defined under NRS 50.320, must be qualified as an expert in a Nevada court of record prior to admission of his or her affidavit attesting to an individual's i23 - ' 331 31 blood-alcohol concentration in a driver's license…”

VALENTI VS. STATE, DEPT. OF MOTOR VEHICLES (2015) nev · cites it 23× “Hastings, Deputy Attorney General, Carson City, for Respondent.”

Gutierrez (Alfredo) v. Dist. Ct. (State) (2013) nev · cites it 2× “We specifically declined to address the issue of whether a chemist who submits an affidavit pursuant to NRS 50.320 must be qualified as an expert because that issue was not raised on appeal, and we did not comment on the 2009 amendment to NRS 50.”

Hooker (Christopher) v. Dist. Ct. (State) (2014) nev · cites it 2× “The prosecutor acknowledged that it was probably true that petitioner did not have discovery of the report, but argued that petitioner was aware of the additional report and that the complaint would be amended to reflect the information in the report, and moved to admit the…”

— Nev. Rev. Stat. § 50.320(1) — 3 cases

State, Department of Motor Vehicles v. Bremer (1997) nev “315 was incorporated into NRS 50.320(1). 3 See NRS 233B.123. Also, NRS 233B.”

VALENTI VS. STATE, DEPT. OF MOTOR VEHICLES (2015) nev “: In this appeal, we consider whether a chemist, as defined under NRS 50.320, must be qualified as an expert in a Nevada court of record prior to admission of his or her affidavit attesting to an individual's i23 - ' 331 31 blood-alcohol concentration in a driver's license…”

VALENTI VS. STATE, DEPT. OF MOTOR VEHICLES (2015) nev “Hastings, Deputy Attorney General, Carson City, for Respondent.”

— Nev. Rev. Stat. § 50.320(3) — 1 case

Derosa v. First Judicial District Court (1999) nev “NRS 50.320 permits the use of an affidavit or declaration of a chemist or other qualified individual who performed certain lab tests, including controlled substance and blood-alcohol analysis.”

— Nev. Rev. Stat. § 50.320(5) — 3 cases

Cramer v. State, Department of Motor Vehicles (2010) nev “: In 1995, the Legislature enacted NRS 50.320, which permits the use of an affidavit to prove a person’s blood-alcohol content in certain proceedings, including driver’s license revocation hearings, by a person who has been previously qualified to testify as an expert witness by…”

VALENTI VS. STATE, DEPT. OF MOTOR VEHICLES (2015) nev “Hastings, Deputy Attorney General, Carson City, for Respondent.”

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