Frosty, Heidi & Frank Podcast

Myles Berman KABC Labor Day Interview

Frank: Here we are again with our friend of the show, longtime supporter, all around great guy, Myles L. Berman, ladies and gentlemen. [clapping] Yay!

Myles L. Berman: Great to be here. Always great to see you guys, and I’m thrilled to be able to talk with you and your great audience. Absolutely fantastic audience.

Heidi: They’re loyal.

Miles Berman: Very much.

Frosty: Most of which will eventually need the services of Top Gun DUI defense attorney Myles L. Berman. [laughter]

Miles Bermen: We have represented a lot of your audience.

Heidi: Yes.

Miles Burman: Unfortunately.

Frosty: Now, this is a big weekend for…

Myles Bermen: But, great results.

Frosty: …yes, for the parties and going out and probably the roads…what do they call them, the road…

Heidi: The checkpoints?

Frosty: Checkpoints. A lot of checkpoints around?

Myles Burman: There are going to be a bunch of checkpoints. We may have mentioned this before, but the state of California has declared 2010 the “Year of the
Checkpoint,” so they’re over funded, and, of course, they have to keep putting the checkpoints out there to justify the funding, but especially holiday
weekends like this, they’re going to be all over it. My website at topgundui.com, I have a southern California DUI checkpoint page where we’ll be
posting later on today those checkpoints that will be published for this coming weekend. We get tons of hits.

Heidi: So they change all the time, the checkpoints.

Myles Burmen: Oh, yes, they change all the time. They change sometimes Friday, sometimes Saturday, sometimes…it’ll be Sunday as well because there’s a three day
weekend, plus they change the location and different agencies, and agencies hook up with other agencies, so they have multiple agency task forces, so
this is a big weekend for law enforcement.

Heidi: Do they close them down at a certain time, like, at four o’clock in the morning, are there still checkpoints out?

Myles Berman: The latest I’ve seen them that we’ve posted on our website is, I think, three in the morning.

Heidi: OK.

Myles Berman: So, usually, they’re from…you know, they start sometimes between eight, seven, in that area and goes until two, or two thirty, or three o’clock in
the morning.

Heidi: OK.

Frosty: Yes, I knew I had a drinking problem when there was a checkpoint in my driveway. [laughter]

Frosty: Like, wait a second.

Miles Berman: People say, “Are you coming out or are people coming in?” [laughter]

Heidi: Maybe both. [laughter]

Frosty: I don’t understand why they publish the locations ahead of time, because that just means if I want to drink, I’m going to go, “Crap, I’m not going to
go to my favorite bar because there’s a checkpoint around the bend. I’m going to two miles the other way.”

Miles Bermen: You know, there’s a lot of merit, actually, to posting the checkpoints. Going back to the Rodney King riots when they had police out in force and the
National Guard, I mean the streets were pretty safe when everybody was out. Well, when they have checkpoints, and are highly publicized, and people
know about them, those areas actually are safe. So, for example..or safer..on Sunset Boulevard, Beverly Hills oftentimes, or West Hollywood sheriff,
they do checkpoints right near our office by Sunset and Doheny, and even though people leaving West Hollywood will go through the checkpoints, still
there probably are less people and less dangers, and you really don’t hear of…and I can’t remember hearing of a fatal crash or very serious accidents
near checkpoints.

Frank: Just a lot of U turns, illegal U turns. [laughter]

Miles Burman: Which leads to the other subject that you’re supposed to be able to escape from a checkpoint, but cops know that people try to escape from
checkpoints, and therefore they have other police officers spaced in those…

Heidi: Like a perimeter set up.

Myles Bermen: Yes, right. They have a perimeter.

Frosty: Well, that’s the guy you want, the guy who’s turning. That’s the bad guy.

Heidi: But U turn equals guilty?

Myles Burman: No, you know…

Frosty: That’s the guy who doesn’t want to go through the checkpoints, so he’s got too much booze in his system.

Myles Burmen: You know, we talked about this before, and nobody knows, and I bet none of you, the three of you, can’t tell me that at what point you have a certain
amount of alcohol, that you are at a .08 or greater. It’s just people don’t know, and if they have a couple of beers, you know, they’re not under the
influence, they’re not at a .08, but they may feel that they run the risk of being arrested, so just because somebody…

Heidi: Why risk it, yes?

Myles Berman: Yes, as a matter of fact, there’s an argument that somebody who is under the influence may not connect the checkpoint that they’re driving into, and
their level of impairment, and may end up driving through a checkpoint.

Frank: Now, the officers that they put out on the checkpoints, are they usually like the new guys, so they’re really rambunctious officers who want to…are
into the task. Are they doing training out there, like field training, or is it the old guy who’s like, “OK, you’d had a couple beers. Get on home.”

Miles Berman: Well, you have to have a supervisor on the scene, so obviously a supervisor has more experience, but there are…it runs a gamut. Officers who have
been on the job for 10, 15, 20…well, I don’t know, is 10 years a long time? [laughter]

Miles Bermen: But, you know, 20, 30 years…maybe by 30 they may be retiring, but…and there are rookies and also people who are being trained on not only how to
do a checkpoint, but also how to field sobriety exercise somebody, give them a portable breath test, which by the way, if you’re older than 21, you do
not have to do a portable breath test before you’re arrested for DUI, so we recommend that they don’t those portable breath tests. The police are
supposed to tell you that you don’t have to do them, and not only that, generally, I believe that breath testing is voodoo science in general, and
specifically with the portable hand held breath test machines.

I mean logically think about this. Everybody knows that they used to have, and a lot of agencies still have these big giant breath test machines back
at the station or back at the jail, and then they have these portable breath test machines that are on the street, so logically, common sense tells you
that the portable breath test machines aren’t as reliable as the big breath test machines, and of course, I just said that even the big breath test
machines are based on voodoo science.

Frank: Have they come up with something better? They’ve gone with the breath test for a long time now. As far as like in the field, is there like a Q tip
they can stick up your nose and read it? I mean, I don’t know, are they looking for something better?

Miles Burman: [laughs]

Heidi: Can’t really do a breath test.

Myles Bermen: Yes, you know, they keep trying to improve on these contraptions or these machines. The state calls them “instruments” but they aren’t instruments.
Instrument is something that a doctor uses when he examines you, but a breath test is a machine. So, they keep saying that they’re coming up with
better stuff, and of course the manufacturers need to keep coming up with newer models so that they can keep selling the newer models to the police
agencies. You know, these big breath test machines sometimes can cost $5 6,000. The portable breath test machines that they use by hand are 7, 800
bucks.

Heidi: You have one of those, don’t you, Frost?

Frosty: I do. We tested it during recent drinking shows, and it was close.

Frank: You can buy it at Sky Mall or something like that, right?

Heidi: Or Brookstone, or whatever.

Frosty: It was close. It’ll give you an idea. They’re not exactly as accurate as the cops’ ones, but they’re close.

Frank: But how do you know the cops’ one are accurate? I mean, if Brookstone has it, and they’re using the same kind of technology, then…

Myles Burman: I’ll give you a perfect example again using common sense. In California you’re supposed to give two samples for a breath test, so when you give us
two samples two minutes apart, you end up with, say, a .08 and a .09, or a .14 and a .16, or a .20 and a .18, well, you got..

Heidi: That’s a good time. [laughter]

Myles Burmen: Well, think about this.

Heidi: Man.

Myles Berman: Go with the .20 and a .18.

Heidi: Yeah!

Miles Berman: Alright. You got a 10 percent.

Frank: Deah! [laughter]

Miles Bermen: You got a 10 percent variation between the first and the second test two minutes apart. Well, scientifically a person doesn’t have a .20 and a .18 in
their system two minutes apart, so the results themselves, common sense tells you…but you see, unless this is pointed out, people aren’t sensitized
to that way of thinking.

Frank: Well, do the courts tend to lean towards, “We’re going to go with the errors and the instrument more, because we’re trying to prevent people from
drunk driving and accident that may occur?” As opposed to, “Well, you make perfect sense there, Myles, but we can’t just say, ‘Alright, I guess we’ve
got to let this guy go again. There’s no deterrent if the system is screwy.’”

Miles Burman: Well, the try effect in almost all of our cases would be a jury, and jurors are very wise. They want to make sure that somebody is treated fairly.
The juries we pick are fair juries. They listen, and we’re able to educate them and explain just about the science alone how breath testing…like I
just gave you a real small common sense example how breath testing is not accurate. But at the same time, they also want to make sure the police treat
the person fairly, because it could be anybody who’s in that position.

So, it’s not so much the courts that make that determination, it’s the jurors, and when you present them with the entire picture, not just the narrow,
slanted version that the state is obligated to present…we present the whole picture.

And jurors are able to understand the difference between the state being able to prove beyond a reasonable doubt whether or not somebody’s guilty of
driving under the influence. So, we’re able to do our job effectively and we find jurors are very fair and acquit many of our clients.

Frosty: Are you ready for my doozy of a question?

Heidi: Oh, yes.

Frosty: For Top Gun DUI defense attorney Myles L. Berman.

Frank: Shouldn’t it be a boozy of a question?

Heidi: Day o.

Myles Bermen: I still can’t see you, but I hear you. I hear you.

Frosty: We’re blocked by some monitors.

Heidi: It’s a bad set up.

Myles Burman: I know.

Frosty: My boozy of a question is this, because I honestly have been in this situation. I’m just being honest here, and it’s a dilemma as to how to answer
it. I encountered a checkpoint. I mentioned this. About six or seven weeks ago, I encountered a checkpoint, and I had had two or three drinks, but some
time had gone by, and I’m a big guy, and I was fine. So, I knew I knew I was not over the legal limit which is what, .08? But I probably was like a
what, .03, maybe a .04? There’d be some booze in me, but not enough to be over the limit, so when I roll the car window down, and the cop says, “Sir,
have you been drinking?” I said, “No.” Now, that’s a lie, and that’s not true.

Heidi: It smells like Jessica Simpson margueritas.

Frank: [laughs]

Frosty: But, the reason I said, “No,” is because I knew I was not anywhere over the limit, and they looked at me, looked at the license and said, “Go on
home.” Had they smelled booze, and said, “Sir, blow in the machine,” and I register a .02 or .03, way below the limit, I told them I’d had no drinks at
all.

Frank: Yes, get out of the car Captain Cosmo.

Heidi: [laughs]

Frosty: Am I arrested for lying to the cops? What should you say if you’ve only had one or two beers, they ask you, “Had anything to drink?” You know you
don’t want to deal with it. What do you say?

Heidi: Yes, you should just be honest.

Myles Burmen: Well, first I hate to answer a question with a question, but who would have been the first person you called if you were arrested for DUI?

Frosty: Top Gun DUI defense attorney…

All: Myles L. Berman!

Myles Berman: Thank you. That’s good to hear. [laughter]

Miles Berman: And what number would you have dialed?

Frosty: 1 800…

Miles Bermen: 888.

Frank: It’s an 888 number.

Heidi: 888.

Frosty: Oh.

Frosty: 1 888…

Heidi: 4.

Miles Burman: 4 TOPGUN.

Frosty: That’s in my billfold and glovebox.

Myles Bermen: OK. Alright.

Frosty: But see, I don’t know how to answer that, because really I know I’m not over the limit. Yes, I had maybe one, two, maybe three beers. So, I say, “No,
I haven’t been drinking at all,” because I don’t want to deal with it. But in the machine, if they didn’t believe me, I am going to register a trace
amount, so then am I arrested for lying?

Myles Burman: Well, here, I have to caution you that people can’t assume in your question that a .08 is the absolute basis in which somebody prosecutes. We’ve seen
them prosecute as low as a .07, .06., .05.

Heidi: Ooh.

Myles Burmen: So, even though you’re under a .08, you can still be prosecuted for driving under the influence. Now, when somebody gets arrested for DUI, what we
are seeing in some jurisdictions, that when they deny having anything to drink, the police officer will also cite them and charge them with lying to a
police officer.

Frank: Obstruction of justice.

Myles Berman: So, well, I mean it’s kind of…

Frosty: So, you have to ‘fess up.

Frosty: Oh, Frosty.

Frank: Larceny.

Miles Berman: Well, that doesn’t mean that he can be convicted. For example, have you been drinking? Maybe the last drink you had was six or eight hours ago, and
that you can conclude that no, that wasn’t part of what the question he was asking.

Frank: Hey, before you head out on this Labor Day weekend, you might want to have a couple questions from Myles L. Berman, so give us a call. 1 800 222
KABC. We’ll be right back with Myles L. Berman. We’re Frosty, Heidi, and Frank.

Frosty: Frosty, Heidi, and Frank. A very special guest with us at KABC is Top Gun DUI defense attorney Myles L. Berman. We’ve known this guy for years.

Frank: You’ve probably seen his face on our website, FrostyHeidiandFrank.com. Myles has been there, a supporter of the website, has a banner ad. You can
just click right through to get Myles’ sight.

Heidi: All his info.

Frank: So, yes, when you’re going to FrostyHeidiandFrank.com, and you have any other info you want to get from him, that you don’t get on the show today,
just click on through to the other side.

Heidi: He’ll be there for you.

Frosty: And just ahead, your calls at 1 800 222 KABC. Myles was telling us something off the air, which I think you all need to know, especially if you do
drink and occasionally find yourself behind the wheel, another reason you shouldn’t. Myles, what happens now in California with the first offense?

Miles Bermen: There are four pilot counties in the state, and L.A. is one of them, that if you’re convicted of a first offense DUI…this went into effect July
1…you have to install an ignition interlock device in you car for five months, and that’s any car you own or you have access to.

Frosty: What the hell is that?

Miles Burman: It’s a device that’s attached. You have to go to a company, and the company installs it, and you have to pay them, and you have to pay them a monthly
fee, and before you start the car, you have to blow into it. I actually know people who call it a blower. [laughs] Heidi. Oh, lord.

Myles Bermen: You have to blow into it.

Frosty: We’ll move on.

Frank: What’s this piece look like in my car?

Myles Burman: We’ll move on.

Heidi: Myles is going, “Oh, no! Oh, why did… [laughs] ”

Myles Berman: Heidi’s smiling already. I shouldn’t have looked at Heidi.

Frosty: Where do they put it on the car?

Heidi: He looked right at me and said, “You know, people call it a blower.” [laughter]

Frank: Under the back bumper. You got to lay on your back and get under the car.

Miles Berman: I said to myself I wasn’t going to do this. I wasn’t going to go down this road.

Frosty: You know us, though.

Heidi: And yet here we are.

Miles Bermen: Anyway…

Heidi: Just look at Frank. [laughter]

Miles Burman: Yes, if I look at Heidi, I won’t be able to finish.

Frank: Myles is blushing.

Heidi: I hear that a lot. “If I look at you, I’m not going to be able to finish.” [laughter]

Heidi: Sorry.

Frosty: So, you puff in the tube and…

Myles Bermen: So, what were we talking about?

Frosty: You know what I think about the maintain.

Myles Burman: So, anyway, they install it under the dashboard and you have to blow into it, and it won’t start unless you’re alcohol free.

Frank: Under the dashboard, so you have to get…

Myles Burmen: On the dashboard, yes.

Frank: Oh, I think…

Heidi: Oh, wow.

Frank: You got to get on your knees, get under the dashboard…

Myles Berman: No, you blow into it in a sitting position.

Heidi: [laughs]

Frank: Oh, OK..

Miles Berman: From a sitting position.

Frank: Now, there a buttons you have to push while you’re blowing it? Do you have to tickle anything or anything like that?

Frosty: Oh, for god’s sake.

Frank: Just push this button, and you have to tweak this wire?

Frosty: You guys are killing me.

Heidi: Wait, so if somebody is in the car with you, there’s no way you can hide the fact that you have that thing in there.

Miles Bermen: That’s correct.

Heidi: Oh, how embarrassing.

Miles Burman: There’s, yes…now picture this, and one more thing. When you’re driving, it asks you to blow into it as well.

Frosty: Oh.

Myles Bermen: So, let’s say like a guy gets arrested for DUI, and he ends up being convicted of first offense DUI. What’s happening with us, I mean a lot of people
don’t want that as well as not being convicted of a DUI, because it can be devastating, even aside from the ignition and lock device. So, people are
now being more aggressive in their defense with us in their DUI cases. But, imagine a guy who gets convicted of DUI, and his car’s in the shop,
so…no, let me start all over.

Frank: Oh, you’re governor Brewer? [laughter]

Myles Burman: A guy get’s arrested, guy gets convicted of DUI, first offense, so he has to install an ignition and interlock device. The wife’s car is in the shop,
so the wife borrows the husband’s car, and the wife takes the kids to and from school and picks them up and goes shopping and goes with their friends.

Heidi: Oh.

Myles Burmen: Or vice versa, the wife gets convicted. We do represent a lot of women as well. So, she gets convicted of DUI.

Frosty: At least my wife’s blowing my car.

Myles Berman: And the guy… [laughs] [organ music]

Frosty: [laughs]

Miles Berman: And the guy borrows the wife’s car, and he has to go to a business meeting.

Heidi: It’s embarrassing.

Miles Bermen: And you know, it really is…and it’s almost like…

Frank: It’s not me. My husband’s the drunk.

Heidi: [laughs]

Frank: It’s not me.

Frosty: [laughs]

Heidi: Yes, drop the kids off at school.

Frank: This is his car.

Heidi: That is awful for a first offense.

Frank: That would be horrible.

Frosty: And even if you’re driving, it asks you when you’re driving to keep blowing? What if you don’t, what does it do? The car shuts down automatically?

Miles Burman: Yes.

Heidi: I’m not allowed to use my cell phone, but I have to blow and drive at the same time? Oh my god.

Frosty: Nice.

Myles Bermen: The car will get disabled, and if it happens twice, the car’s totally disabled, and then notification goes to the alcohol company, and without
getting too complicated, they notify the government that there’s a violation.

Frank: Why couldn’t I blow into a balloon before I go drinking, and have it next to me in the seat…

Myles Burman: [laughs]

Frank: …and whenever it asks me for air, I just squeeze the balloon in there. Not that I would think of ways to beat the system, but…anyway, so the
message is, “Don’t drink and drive.”

Heidi: Yes, of course.

Frank: “Even the first offense now is ridiculously unbearable.” So, is your…

Myles Burmen: Or, god forbid you should get arrested for DUI, 1 888 4TOPGUN. We’re there for you.

Frank: Now, when you’re driving, and you have to blow into the car, is it…the hose is in a comfortable position, so when you’re driving the car, you don’t
have to lean over. It’s like it keeps you in a driving position, so it’s like long clear hose that goes up to the dash?

Myles Berman: Yes, it’s a hose that’s reachable while you’re sitting behind a wheel, so…

Frank: So, could I put like a Big Gulp cup around the hose, so it looks like I’m just drinking my cup that’s sitting on the dash, so people don’t know that
I’m actually keeping my car running with my breath?

Frosty: Or tape a harmonica on it or something. [laughter]

Miles Berman: Eventually while this is a pilot project, I think it will go statewide and eventually, 5, 10 years from now, somebody’s going to get in the car and
go, “Oh, you, too, huh?”

Frosty: Is this a huge moneymaker for the state as far as making this pilot program so, if people are going to have to use it for five months, the state’s
going to make a lot of money?

Miles Bermen: Yes, I’m sure. The companies that are providing these devices, obviously it’s a moneymaker for them. The monitoring of it, of course, the DMV will be
involved with that. They’re going to have to be budgeted for that, so yes, I mean it’s a moneymaker all the way down the line.

Frosty: Myles, we have good news and bad news. The bad news is we have to break for network news and stuff. I guess the good news is…

Frank: You want to stick around?

Miles Burman: I’d love to. It would be good.

Frank: Alright.

Frosty: Because we’ve got tons of calls coming in for you.

Myles Bermen: Thank you.

Frank: 1 800 222 KABC is the number. We are Frosty, Heidi, and Frank. [music]

Announcer: Call Frosty, Heidi, and Frank now: 1 800 222 KABC. 1 800 222 5222. Frosty, Heidi and Frank on Talk Radio 790 KABC.

Frank: Frosty, Heidi, and Frank here with our good friend Myles L. Berman top gun DUI defense attorney because Labor Day weekend’s coming up. A lot of you
might be out and about on the roads and you need to know what’s going on out there. So we’ve got your calls coming in for Myles. Let’s start out with
Paul. Hello, Paul.

Paul: Hey, how are you guys doing?

Frosty: Pretty good. Say hello to Myles.

Paul: Hey, Myles.

Myles Burman: How are you doing, Paul?

Paul: I’m doing terrific. Great service you’re doing here.

Myles Burmen: Thank you very much.

Paul: My question is, I have a commercial driver’s license. You’re held to .04 according to the California DMV handbook.

Myles Berman: That’s why you’re driving, right.

Paul: Yeah. Now, does that apply when I’m driving my personal vehicle or only while I’m driving a commercial vehicle?

Miles Berman: Commercial vehicle. Be aware, if you’re convicted of DUI if you’re not in your commercial vehicle your commercial license can be suspended for one
year. If you’re convicted of your second DUI within 10 years it’s a lifetime ban.

Heidi: Oh my God.

Miles Bermen: Yeah, you’ve got to be really careful. By the way, they’re going to be going to lifetime for everybody anyway. Right now, if you’re convicted within
10 years your second arrest will be a second offense. It used to be five years, they changed it to seven years. I’m talking about all of us, it stays
on your record. They tried to make it lifetime a few years ago. They compromised it and made it 10 years. Eventually DUIs are going to stay on and be a
record for lifetime.

Frank: When did they make it 10 years?

Miles Burman: I think three or four years ago.

Frank: So I’m grandfathered in to the old one? To seven years?

Heidi: Always looking out for number one.

Frosty: Got in under the wire.

Myles Bermen: Anybody who’s had one…

Frank: So it bumps up to 10 years no matter what.

Myles Burman: Yeah, if it’s on your record. Those people who were convicted under seven years even those people when they changed it to 10 it extended those people
to 10 years. So anybody who’s been convicted from 10 years ago today, regardless of what the law was at that time.

Frosty: You also said something last time you were here the shocked me, that if somebody dies in an auto accident caused by you and you were driving under
the influence you will be charged with murder.

Myles Burmen: Yeah. There was a case that came down a while ago. By the way, it’s been expanded to other areas, which I’ll talk about. If you’re driving under the
influence and you’ve got a prior and you went to an alcohol class, the government has argued successfully that you are aware of the risks of drinking
and driving and if you go out and kill somebody you can be charged with murder. Now, when we get our driver’s licenses everybody’s notified of the
risks of drinking and driving. Therefore, if you end up going out and drinking and killing somebody you can be charged with second degree murder.

It’s been extended to cases where even if you’re alcohol free and you’ve had a prior DUI you can be charged with murder if the government thinks you
were driving recklessly because you were educated as to the risks of driving recklessly. So it’s getting pretty scary.

Frosty: Let’s go back to the phones. Hello, Aaron. Say hello to Myles L. Berman.

Aaron: Hey, Myles, how’s it going?

Myles Berman: Good. How are you doing, Aaron?

Aaron: Good. I had a question for yo. I want to know is it still considered DUI if I’m pressing the gas and someone else is steering?

Miles Berman: I didn’t hear the question.

Frosty: Is it still considered a DUI if Aaron is pressing the gas but someone else is steering.

Frank: Why would that ever happen?

Miles Bermen: Have you been arrested?

Aaron: No, I haven’t.

Heidi: You’re just trying to find a loophole?

Frank: If I’m drunk and my little kid’s on my lap steering and I’m pushing the gas, they’re driving. A little kid can’t drink and drive.

Miles Burman: He raises another issue in my mind. First of all, the answer to your question is yes. Moving on. If someone is drinking and driving and they pull
over, they’re being responsible. They realize that they shouldn’t be driving or they think they shouldn’t be driving, so they pull over. Get out of the
driver’s seat, get in the back seat, get the car out of the ignition, put the key…excuse me, get the keys out of the ignition, put them somewhere
else. Don’t even put them on you because if you are sleeping on the side of the road, we represent a lot of people who do the responsible thing that
they pull over because they realize they may have had too much to drink and they come across the police, see them sleeping in the car and they still
can be arrested for DUI.

Frank: Even if the cops didn’t see you driving? I mean, they didn’t see how your driving was.

Heidi: Well, you had to get the car there.

Frank: You know I feel like the Popeil guy, that raises another issue. [laughter]

Heidi: But wait, there’s more.

Frank: Yeah. So, and I’m dating myself but I assume you guys, you guys all know…

Frosty: I got the Pocket Fisherman…

Frank: Frosty made.

Heidi: Me too.

Frosty: Ronnie Popeil.

Frank: Alright. So, now I forgot why I raise the…Who said the fishing…

Frosty: Pocket Fisherman, that was me.

Woman 1: That threw him off.

Frosty: So you’re sleeping in the backseat. You clearly weren’t…

Myles Bermen: Oh, OK. Alright. So, now, when you come in contact with a police officer, you don’t have to tell him where you are coming from, where you are going
to, how much you had to drink. You don’t have to do the field…I know you got a caller who wants to know about the field sobriety exercises. You don’t
have to do the field sobriety exercises. They are all completely voluntary. But here’s the problem, going back to sleeping in the car. Guy sleeping in
the car, cop comes up and start asking them questions about where are you coming from, when did you drink last, what time were you driving and now you
get a person who actually did the right thing, pulled over, got off the road or the freeway and now starts giving admissions that the State will try
and use.

Heidi: So what do you do when he starts asking all that stuff?

Frank: You call Myles L. Berman.

Myles Burman: 888 4 TOPGUN.

Frank: There you go!

Heidi: Talk to my attorney!

Frank: I got an email coming in from Vanessa. If you’d like to email your questions to Myles, you can do that, the address: fhf@frostyheidiandfrank.com. She
says, so I got a DUI a little over three years ago and during my nine months of alcohol class, I was told that a new law had passed where if you have a
prior DUI and you are in the front passenger seat and the person who is driving you gets pulled over for a DUI, you will then get a second DUI because
as a passenger, you are responsible to take over for the driver in case of an emergency. Is this true or just a lie?

Myles Burmen: No. It’s not true. And I don’t know if the speaker was talking clear or she might not have understood exactly but I can’t even figure out what she’s
talking about because if you’re in the passenger seat, you’re not responsible for…

Heidi: If you are sober…

Frank: I think she’s saying that as a passenger in any car, that to say I’m driving Frosty, and he has a stroke, which could happen…

Frosty: Likely, actually.

Myles Berman: God forbid.

Frank: He’s driving the car, I’m in the passenger seat. I have to reach over and grab the wheel, and if I’d been drinking, I’m the person riding shotgun
really so I’m the next…I’m the co pilot, but I just don’t have any controls unless he has a stroke.

Miles Berman: That case, I can’t see somebody…

Frank: You’ll win that one.

Miles Bermen: Well, I can’t see somebody, well, you probably have to go through the whole process because these crimes are charged all the time and people just
don’t know that, listening to your show, they know they can fight and win these cases…

Heidi: Yeah.

Miles Burman: …cuz I have been sponsored on your show for years.

Frank: Let’s go back to the phones. Hello, Dave.

Dave: Yeah. What’s up, Tripps? I got a question for Myles.

Heidi: Hi, Dave.

Myles Bermen: How you doing, Dave?

Dave: Good. I got two DUI’s in ‘03, and now I ride my B cruiser to the bar. I wan to know what the repercussions are if I get pulled over on my bicycle.

Myles Burman: You can’t be charged with DUI on a bicycle as long as it’s a bicycle and there’s no engine on it.

Frank: Wouldn’t they give him a public intox or something like that that’s an alcohol charge?

Heidi: Or a BUI perhaps?

Myles Burmen: There isn’t one yet. Well, there is for boating but not bicycle.

Heidi: OK.

Dave: So I can’t lose my drivers license or anything if I get pulled over on my bicycle?

Myles Berman: Not in connection with DUI.

Dave: OK.

Heidi: It’s good news, Dave. It’s good news.

Frank: But if you’re drunk on a bike?

Miles Berman: You know, you just put me in a position, OK, everybody, go ride their bikes and drink. [laughter]

That’s not the position I meant. That’s not what I wanted to say.

Frosty: People would watch the Tour de France then.

Miles Bermen: And I don’t want people to get that impression, you know, that’s coming from me.

Heidi: Yeah.

Frank: You shouldn’t be on the road on any form if you’re drunk.

Miles Burman: It’s not safe to be out if you are under the influence.

Frank: Myles, you can still be busted for public intoxication.

Myles Bermen: Correct.

Frank: Walking down the sidewalk or riding the bicycle in the street, if you’re drunk, they’ll get you for something.

Dave: They can’t take my driver’s license right?

Heidi: That’s all we’re concerned about.

Myles Burman: Yeah. I can’t see a scenario, but again, that reminds me of another situation. [laughter]

Frank: And there’s more.

Myles Burmen: We’ve represented people DUI on a moped, DUI on golf carts where you go, you’ll playing golf. And, you’re in Palm Springs, or wherever, and you’re
playing golf, and you’re riding your golf cart back to your home. Of course, this particularly guy crashed his golf cart. But still… and so, one case
coming to mind. But still, it’s the weirdest thing…

Frosty: Did it end up in a lake or something?

Frank: Where did his golf cart end up?

Myles Berman: No, it didn’t end up in a lake. It just ended up on its side, on a hill.

Heidi: It turned too fast.

Miles Berman: Yeah.

Frosty: Oh a hill!

Frank: So police check points are firing up for the weekend, so look out, be responsible.

Frosty: Let’s take one more call before we go to break. Why not? Myles has only been here once, in what the last six months. Let’s go to Mike on line 14.
Hello, Mike.

Mike: Hello, sir. How are you?

Frosty: Good. How are you?

Mike: Mr. Berman, I want to ask you question?

Miles Bermen: Yes, sir. How are you doing, Mike?

Mike: Is it a good idea to decline all the tests, if you get pulled over for suspicion of DUI?

Miles Burman: Look, here’s what I can tell you what you’re rights are. When you get pulled over, you don’t have to do the field sobriety test. You don’t have to
tell them where you’re coming from, where you’re going to, how much you had to drink. You show them your license and registration and proof of
insurance. And then, if they want you to take a portable breath test, you don’t have to do that either, if you’re older than 21. Everything is
completely voluntary. They don’t tell you that.

Mike: Ah ha.

Myles Bermen: So, if that’s the thrust of your question… And they don’t have the evidence if you don’t give that to them, or give it to him. Most of the people
end up giving the cops the evidence that they try and use to convict. But even if that occurs, still… I’ve never seen anybody driving on a freeway
with their eyes closed, their head tilted back, touching their finger to nose or index finger to the nose six times.

Mike: But they can still arrest you, right, for suspicion?

Myles Burman: Sure they can.

Mike: Can they you piss test when you’re down there?

Myles Berman: We and other defense attorneys, we’re very successfully with beating DUI cases where it’s urine. So now, they’ve eliminated urine as a choice of test
initially, so it’s now down to a breath or a blood test.

Frank: But still ‘ur ine’ trouble, either way?

Mike: Oh, boy!

Heidi: Look at you!

Myles Burmen: Yeah oh boy!

Heidi: And Mike goes, “I got to go.”

Frosty: You said it all, Mike. Write the number down: 1 888 4 TOPGUN.

Mike: You got it.

Frosty: And hopefully, nobody got to use it this weekend, but…

Heidi: That’s the number ‘4′;.

Frosty: Yeah, the number ‘4′; 1 888 4 TOPGUN . And if you want to go to Myles website, you can actually click right through that from Frostyheidiandfrank.com.
There’s Myles face on the home page of the website. You can just click through to his page. Do that if you have any problems.

Myles Berman: Thank you very much. Great seeing you guys, and I wish everybody a safe and sober holiday weekend.

Frank: Cheers to Myles L. Berman.

Heidi: Aaaaya Myles! [claps]

Frosty: Be safe for Frosty, Heidi and Frank. [music]