Did the police violate any constitutional provisions, state regulations, statutes, or other legal authority?
• Were you advised of your right to refuse to submit to chemical testing? Under California’s Implied Consent law, if the police failed to warn you of your right to refuse chemical testing and the consequences of refusing, the admissibility of any chemical test result both in the court case and at the Department of Motor Vehicles Administrative hearing may not be allowed. • How was the chemical test administered? There are a number of defenses that can be raised when it comes to chemical testing. One of the most prominent issues that arise pertains to how the test was administered. For instance, was the breath test machine properly calibrated, maintained, and in proper working condition? Were you hyperventilating or crying prior to taking the breath test (which can result in an inaccurate reading)? Who drew your blood? Were proper amounts of preservative and anticoagulant placed in the tube? Was your blood sample properly preserved in a refrigeration setting? Again, so many different is
Related Questions
- The new regulations require "a Competent Authority of the province in which the adopting parent resides to state in writing that it does not object to the adoption". How will this happen?
- Did the police violate any constitutional provisions, state regulations, statutes, or other legal authority?
- Does State Law Invalidating Local Gun Regulations Violate Citys Constitutional Home Rule Powers?
