Law Office of Patrick Silva - October 2018

Have a Fun and SAFE Halloween!

EVEN THE MOST FRIGHTENING GHOULS NEED TO BE CAREFUL

Choose Smart Costumes

Happy Halloween, you goblins, ghouls, witches, and spooks! It’s that time of year again when kids and adults alike can dress up and roam the streets as their favorite heroes, frights, or princesses. While kids are eager to show off their outfits and fill their pillowcases with sugary treasures, it's crucial to be aware of the potential dangers on Halloween night.

Halloween wouldn’t be Halloween without costumes! They should be fun, but you can also make them safer by following a few simple guidelines. Add reflective tape to candy bags and costumes and wear light colors to stand out in the dark. Buying or making the right-sized costumes is also important. If they’re too large, they create a tripping hazard, and if they’re too tight, they can restrict movement. If your child wears a mask, make sure they can see out of it properly. Before heading out to trick or treat, create a plan and discuss it with every member of your family. This ensures that if someone in your group wanders off, they’ll know where to look for you or where to go. In case you’re separated, label your child’s costume with your name, address, and phone number. If your children are old enough to trick or treat without adults, make sure that their cellphones are charged and on them at all times, and schedule regular check-ins. Make a Plan

Practice Street Safety

Make sure your kids understand basic road safety. According to Safe Kids Worldwide, “Children are more likely to be struck by a vehicle and killed during Halloween than any other day of the year.” Before heading out for some good old-fashioned trick-or-treating, take the time to go over basic safety tips. Teach kids to look both ways before crossing, use crosswalks and traffic signals, cross streets on the corners, and never run across the street. Making eye contact with drivers before walking in front of their cars is also a good way to make sure the driver knows the child is there.

The ProblemWith Breathalyzers

WHY YOU SHOULD RECONSIDER TAKING THE TEST

You are pulled over one night under suspicion of driving under the influence, and the officer asks you to take a Breathalyzer test. If you refuse, you fear you might get in more trouble. If you comply, you might get slapped with a DUI charge you aren’t necessarily guilty of. What should you do?

into that pipe. Some law enforcement officers may eventually get court-ordered tests to measure the amount of a controlled substance in your body, but no one can force you into a Breathalyzer test immediately after getting pulled over. BREATHALYZERS MAY NOT BE ACCURATE. For many years, Breathalyzers were the catch-all when it came to DUIs. For most agencies, they were the defining test that determined whether or not someone should be arrested for a DUI. However, recent science shows that these tests can have a margin of error of 15–23 percent. This means you could become the victim of a false test and could face a charge you’re not responsible for. The most accurate way to test your blood alcohol content is through a blood test. If you’re unsure about a Breathalyzer test, don’t take one! You are not forced to do so. But if you believe you’re the victim of a faulty test or if you need help fighting your DUI case, contact Silva & Silva at 909-798-1500.

The answer isn’t simple. Breathalyzers are complicated pieces of equipment originally designed to test a person’s blood alcohol content. Yet the tests themselves and the actions in taking the tests are contested and scrutinized. Consider some of these facts before you agree to take the test.

YOU DON’T HAVE TO DO IT. There is no law that requires you to comply and take the Breathalyzer test

2 www.willsandtrustlawyers.com | www.beatmydui.com after being pulled over. For most people, this test is completely voluntary. If you are under the age of 21 or if you are on probation for a previous DUI, you are required to take the Breathalyzer test, but if you don’t fall into those categories, no one can force you to breathe

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