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Legal Document ?

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UltraDangerLord

Junior Member
What is the name of your state (only U.S. law)? California

When arrested and detained for a chemical drug/alcohol test

Do you have the right to read a legal document within a reasonable amount of time ? without distractions ?

what constitutes a reasonable amount of time ?

could someone point me to some reference material ?
 


FlyingRon

Senior Member
What legal document are you referring to? The chemical test refusal, no. All the police are required to do is give you (orally will be fine) the warning that you are REQUIRED to take the test in a manner comprehensible to you. This doesn't mean you perform legal analysis on it, it means they can't read it to you in English if all you speak is Spanish, or yell it at you if you are stone def...
 

CdwJava

Senior Member
Ron, this relates to his previous thread where he says he was not given enough time to read a document concerning the blood draw. I am not certain whether it was the hospital waiver or not. It is certainly not required for the officer to compel blood, but blood was not compelled.

UDL, "reasonable" is subjective and there will not be any black letter law that will say how many minutes were needed. You say that you had about 10 minutes to read it but that you were distracted by other activities by the medical staff. That may not play well for your argument - especially if the document is not all that complicated.

But, the only place it really will be an issue is at the DMV hearing. I recommend you hire an attorney that will cover both the criminal trial and the DMV hearing as that will better your already slim odds.

- Carl
 

UltraDangerLord

Junior Member
Well, what about a law, any law that says I have the right to read any kind of legal document before I sign it.


I cant afford the DMV attorney.....
 

CdwJava

Senior Member
Well, what about a law, any law that says I have the right to read any kind of legal document before I sign it.


I cant afford the DMV attorney.....
There are ample cases out there, I am sure, that indicate you have a right to read a document prior to signing it. You might need to go to a law library and ask for assistance in locating cases, or, subscribe to an online service that might be able to provide that assistance to you.

Again, it comes back to what is "reasonable" ... you will argue that you did not have enough time to read it, and the officer will say that you did. At the DMV hearing, the hearing officer will have to decide which direction to lean, and if in court, the judge will have to make that decision there.

- Carl
 

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