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Myles L. Berman DUI / Drunk Driving Case Of The Week 12/12/11

Dec 15, 2011 — by Myles L. Berman | Comments (0)
Tags: Field Sobriety Testing Breathalyzer Drunk Driving Arrests

Our client was stopped for the right tail lamp out. After being stopped, officer observed strong odor of alcohol, slurred speech, client seemed forgetful and fumbling for license and registration. Client admitted to drinking one beer earlier. A backup officer was called and also arrived. After failing 3 standardized field sobriety tests and blowing a .166 on portable breath test machine, our client was arrested for DUI / Drunk Driving. After arrest, our client then blew a .18/.16. After a jury trial, client was found not guilty of DUI. The jury hung on driving with a .08 or greater. The court subsequently dismissed the driving with a .08 or greater charge. (The case results posted on this page do not guarantee the success or outcome of your case. Every DUI case is unique and the results may vary from case to case.)


Myles L. Berman DUI / Drunk Driving Case Of The Week 12/5/11

Dec 9, 2011 — by Myles L. Berman | Comments (0)
Tags: Dmv Set Aside Dui Checkpoints Breathalyzer

Our client was driving at night without headlights. After being stopped, client was observed with odor of alcohol, red watery eyes and slurred speech. After failing 5 field sobriety tests, client blew into a portable breath test machine with results of .145/.145. Client was then arrested for DUI / Drunk Driving and transported to a nearby DUI / Drunk Driving checkpoint for a breath test. At the checkpoint, client blew a .15/.16/.16. After a jury trial, client was found not guilty of both driving under the influence of alcohol and driving with a .08 or greater in client's blood. Client will also have previous driver's license suspension set aside by the DMV. (The case results posted on this page do not guarantee the success or outcome of your case. Every DUI case is unique and the results may vary from case to case.)


Myles L. Berman DUI / Drunk Driving Case Of The Week 11/28/11

Our client was stopped for speeding 65 mph in posted speed limit of 30 mph without headlights on. After the stop, officer observed odor of alcohol. A second officer arrived and conducted a DUI / Drunk Driving investigation. After partially completing 3 field sobriety tests, client became belligerent, uncooperative and refused to complete the field sobriety tests. Client then refused to provide a sufficient sample on the portable breath test. After being arrested for client's second DUI / Drunk Driving offense, back at the jail client refused to provide a sufficient sample on the breath test machine. Client then chose a blood test and was transported to the hospital where client then refused to take a blood test. Prior to trial, client was offered and plead to wet reckless. DUI with a refusal allegation was dismissed. (The case results posted on this page do not guarantee the success or outcome of your case. Every DUI case is unique and the results may vary from case to case.)


Myles L. Berman DUI / Drunk Driving Case Of The Week 11/21/11

Arresting officer approached client's vehicle after noticing right passenger door left open on the shoulder. Client was observed sleeping in the rear seat of vehicle. After getting out of vehicle, client was observed with unsteady gait, red/watery eyes and odor of alcohol. Client indicated got lost, tired and decided to go to sleep. After failing 3 field sobriety tests, client blew a .134/.141 on portable breath test. Client was then arrested for DUI / Drunk Driving. After arrest, client blew a .11/.11 back at the jail. Client was offered and plead to reckless driving. All DUI / Drunk Driving charges were dismissed. (The case results posted on this page do not guarantee the success or outcome of your case. Every DUI case is unique and the results may vary from case to case.)


Myles L. Berman DUI / Drunk Driving Case Of The Week 11/14/11

Our client was observed by a police officer in the rear view mirror approaching at a high rate of speed. After the police officer took evasive action, client almost hit parked cars, slammed on brakes and made a lane change to avoid hitting patrol vehicle. Client was then pulled over. After getting out of vehicle, client had bloodshot/watery eyes, slow/slurred speech and odor of alcohol. After failing four field sobriety test, client was arrested for DUI / Drunk Driving. After arrest, client blew a .09/.10. Client was offered and plead to exhibition of speed. All DUI / Drunk Driving charges were dismissed. (The case results posted on this page do not guarantee the success or outcome of your case. Every DUI case is unique and the results may vary from case to case.)


Myles L. Berman DUI / Drunk Driving Case Of The Week 11/7/11

Nov 11, 2011 — by Myles L. Berman | Comments (0)
Tags: Dui Test Refusal Blood Draw Testing Breathalyzer

Client was driving a new sports car entering the on ramp of the freeway at about 80 mph with no rear license plate. After being pulled over, (client did not have his driver's license with him) officer noticed client walking slow, red/water/bloodshot eyes, slow and slurred speech and odor of alcohol. Client denied drinking. Client stated he took cough syrup 3-4 hours earlier. After failing 5 field sobriety tests and refusing to take a preliminary breath test, client was arrested for DUI / Drunk Driving. After arrest, client refused to take a blood or breath test. Just prior to trial, client was offered and accepted a plea to reckless (dry) driving. DUI / Drunk Driving and refusal allegations were dismissed. (The case results posted on this page do not guarantee the success or outcome of your case. Every DUI case is unique and the results may vary from case to case.)


Myles L. Beman DUI / Drunk Driving Case Of The Week 10/31/11

Our client was observed speeding 90 mph on the freeway. Upon exiting freeway at over 70 mph and straddling between 2 lanes, our client was pulled over. Upon contact, client was observed with bloodshot/watery eyes, slurred speech and strong odor of alcohol from car and client. Our client denied drinking alcohol. After failing 3 field sobriety tests, client blew into a portable breath testing machine with the results of .095/.108. After being arrested for DUI / Drunk Driving, client blew a .09/.10 back at the police station. Prior to trial, client was offered and plead to Exhibition of Speed. All DUI / Drunk Driving charges were dismissed. (The case results posted on this page do not guarantee the success or outcome of your case. Every DUI case is unique and the results may vary from case to case.)


Myles L. Berman DUI / Drunk Driving Case Of The Week 10/24/11

Our client was observed weaving, fluctuating speed between 55-65 mph, and crossing both double yellow lines to the left and broken white lines to the right. After the stop, client had strong odor of alcohol, slurred speech and red/watery eyes. Client admitted drinking 2 beers. Client then did 4 field sobriety tests and blew a .157/.164. After being arrested for DUI/ Drunk Driving, client took a blood test with the results being .15. After a 5 1/2 day jury trial, the jury hung 9-3 in favor of not guilty. After the hung jury, the court dismissed all DUI / Drunk Driving charges. (The case results posted on this page do not guarantee the success or outcome of your case. Every DUI case is unique and the results may vary from case to case.)


Myles L. Berman DUI / Drunk Driving Case Of The Week 10/3/11

Our client was observed talking on cell phone and failing to yield to a pedestrian in a cross walk coming with 4-5 feet of the pedestrian. Client was then pulled over but made a U-turn in the middle of intersection before stopping the car. Officer observed watery, blodshot eyes and odor of alcohol. After admitting having 2 drinks, the officer administered a horizontal gaze nastagmus test and 4 other field sobriety tests. Client then blew a .092/.091 on portable breath test. Client was then arrested for DUI / Drunk Driving. At jail, client blew a .08/.08. At second appearance, client was offered and accepted a plea to exhibition of speed. All DUI / Drunk Driving charges were dismissed. (The case results posted on this page do not guarantee the success or outcome of your case. Every DUI case is unique and the results may vary from case to case.)


Myles L. Berman Receives 2011 AV® Preeminent™ Peer Review Rating

Sep 27, 2011 — by Myles L. Berman | Comments (0)
Tags: Myles Berman Awarded Av Preeminent Award California Dui Laws

Myles L. Berman has received the prestigious AV® Preeminent™ Peer Review Rating by LexisNexis® Martindale-Hubbell® for 2011. Considered “the pinnacle of professional excellence earned through a strenuous Peer Review Rating process,” the AV® Preeminent™ Rating signifies the “Highest Possible Rating in Both Legal Ability & Ethical Standards,” to any individual lawyer.