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Santa Cruz DUI defense lawyer traffic stop tipsDo you ever get so caught up in your thoughts while driving that your brain goes into an “auto-pilot” mode and self-navigates the vehicle the rest of the way to your destination? Even if you arrive safely, not remembering the trip is frightening; however, it is much scarier when police lights are what brings you back to full awareness. Adding a potential DUI to the ordeal becomes the figurative “icing on the cake.” Here are a few tips and tricks to help you navigate the tricky waters of a traffic stop:

Avoid Being Stopped

Preventing a problem is better than fixing one after it becomes a situation. While advising the avoidance of the “auto-pilot” scenario is helpful, no one is perfect, and the mind is difficult to control. With that in mind, semi-conscious driving is not as attention-grabbing as other behaviors. The top offenses leading to police stops include:

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Santa Cruz, CA DUI defense lawyer international travelMillions of Americans travel back and forth to Canada every year. Most of these visits are short day-trips into the country or last only for an overnight stay. When asked at the port of entry, the three primary reasons which people gave for travel are: pleasure, business, and visiting family. It may surprise you to learn that many of these attempted visits were unsuccessful due to an outstanding charge here in the United States. If you have been convicted of driving under the influence (DUI), you may want to reconsider any prospect of traveling to visit our northern neighbors.

Canada Restricts Admittance

Relations between the United States and Canada are amicable, and travel between the two countries is relatively easy. Although you do not need a passport to cross over from the United States into Canada, one is necessary for admittance into the United States on your return trip. Entrance is relatively easy, on a general basis. The Canadian Border Services Agency (CBSA) agent will ask you a series of questions. One query is, “Do you have any criminal convictions?”

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California DUI defense lawyerWhile there are a few exceptions to the rule, officers cannot typically stop a driver unless they have reasonable cause to suspect wrongdoing (that includes traffic violations). However, once a driver has been stopped, the officer may then search for any additional signs of a potential crime. More specifically, they look for signs of intoxication, such as slurred speech, bloodshot eyes, or balance issues. If flagged for any one of the alleged “tell-tale signs” of intoxication, the driver may then be subjected to a field sobriety test. Learn more about them, and how you can fight a DUI charge, with help from the following information. (Note: you are not required to engage in field sobriety testing.)

“Standardized” Field Sobriety Tests

Before the late 1970s, law enforcement lacked a consistent method to detect intoxication among drivers. Instead, they were forced to rely on their own judgment and a variety of tests with unknown accuracy rates. Then, in 1977, the NHTSA initiated a study of the various FSTs being used. Their hope was that a reliable and “scientific” method would emerge. Enter today’s version of the Standardized Field Sobriety Test – a battery of tests that officers routinely use to determine if a driver is intoxicated. These include the:

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Santa Cruz DUI defense lawyerIf you have never been pulled over for drunk driving and received a breathalyzer test, the technology might seem infallible – it was developed by law enforcement, after all. However, as outlined in the following sections, breathalyzers (and other sobriety testing methods) are anything but foolproof. In fact, there are several everyday items – things that would never lead to actual intoxication – that may cause a false positive on a breathalyzer.

The Complex and Inaccurate Nature of Breathalyzers

Breathalyzers are not perfect devices. They must be calibrated regularly, and the officer using it may not administer the test correctly. Yet, even in perfect conditions (i.e. a well-calibrated device, proper use, etc.), a breathalyzer may be inaccurate.

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California DUI defense lawyerOne of the phrases that DUI defense attorneys hear the most is: “I felt fine to drive. I shouldn’t have been over the limit. How can it be that the test shows I am over the limit?”

There answer is that there are many possibilities. There is always the possibility that the testing apparatus or procedure was flawed. Another is that your blood alcohol rose after you stopped driving, and prior to testing.

There is another possibility that gets much less airplay: your metabolism is just not “normal” on the day in question.

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