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7. The Driving Observed Is Explained By Factors Other Than Alcohol Or Drugs

Improper Observation in DUI Cases | DUI Lawyers | Los Angeles DWI Defense | Challenge FSTs 

The Driving Observed Is Explained By Factors Other Than Alcohol Or Drugs

Many sober drivers exceed the speed limit, forget to signal a turn or lane change, or make unsafe lane changes.  Drivers who use a cell phone while driving can exhibit erratic driving.  A driver taking his or her eyes off the road to change the station on the radio or reach into the glove compartment to get a new CD can also make driving mistakes.  Someone who is unfamiliar with the area and is looking for an address may also have their attention divided and exhibit unusually slow driving followed by late turns.  These issues can be used to negate the allegations that poor driving is proof of intoxication.

 


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