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St. Patrick's Day Rained Out DUI / Drunk Driving Checkpoints This Weekend

Mar 23, 2012 — by Myles L. Berman | Comments (0)
Tags: Dui Checkpoints Holiday Dui Enforcement

Every holiday weekend has a large number of DUI / Drunk Driving checkpoints scheduled. Last week's St. Patrick Day weekend was no exception. However, since last weekend's heavy rains resulted in mass cancellations of DUI / Drunk Driving checkpoints, it looks like police agencies will be making it up big time this weekend. These checkpoints are usually funded by Federal and State governments. Unless checkpoints results in arrests, police agencies would be hard pressed to have their DUI / Drunk Driving checkpoints funded in the future. As a result, there will be a large number of DUI / Drunk Driving checkpoints this weekend. Every week, I post known Southern California (sometimes Northern California as well) checkpoints that have specific locations and times at http://www.topgundui.com/about/dui-checkpoints/. Later today, I will be posting checkpoints for this weekend.


Myles L. Berman DUI / Drunk Driving Case Of The Week 3/12/12

Mar 19, 2012 — by Myles L. Berman | Comments (0)
Tags: Field Sobriety Testing Dmv Set Aside Drunk Driving Arrests

Our client was observed following another vehicle on the freeway too closely, weaving both within the lane and between lanes as well as crossing onto the shoulder twice. After stopping client, officer smelled alcohol from the car and client admitted having a few drinks earlier in the evening. Client was then ordered out of car and interrogated. Officer observed red/watery eyes, thick speech and odor of alcohol from client's breath and body. Client then failed 4 field sobriety tests, blew .080/.082 on portable breath test machine and was arrested for DUI / Drunk Driving. After arrest, client blew .08/.08. 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 the blood. There also will be no suspension on her driving record as well. (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.)


San Francisco Portable Breath Test Machines Called Into Question

Mar 9, 2012 — by Myles L. Berman | Comments (0)
Tags: Breathalyzer Law Enforcement Agency Field Sobriety Testing

Portable breath test machines used by the San Francisco Police Department for DUI / Drunk Driving investigations and arrests apparently have not been properly tested for accuracy. There is now an investigation into the San Francisco Police Department's use of the machines. Records dating back to 2006 indicate the sample readings consistently matched actual tests which apparently is a mathematical impossibility. The investigation will have to go back to 2001 when the machines were first used by the SFPD. According to some reports, anywhere from hundreds to thousands of DUI / Drunk Driving convictions may have to be vacated. As a result of this irregularity, the San Francisco Police Department has stopped using the portable breath testing machines. I've always maintained that breath testing is based on voodoo science. This is just another of a long line of examples of inaccuracies of breath testing.


Myles L. Berman DUI / Drunk Driving Case Of The Week 3/5/12

Mar 7, 2012 — by Myles L. Berman | Comments (0)
Tags: Breathalyzer Drunk Driving Drunk Driving Arrests

Our client was stopped for drifting into the right and left lanes and speeding on the freeway. Upon contact, the officer observed odor of alcohol, and red/watery eyes. Our client had difficulty locating his driver's license before handing it to the officer. Client first admitted to drinking 1 drink earlier in the day and then admitted to drinking two 16 oz. beers. Client was then further interrogated outside the car. Client then failed 4 field sobriety tests and blew a .094/.113 on portable breath test machine. Client was arrested for DUI / Drunk Driving. Back at the jail, client blew .10/.09 a little over 1 hour after driving. After a jury trial, client was found not guilty of driving under the influence of alcohol. The jury hung on driving with a .08 or greater in the blood. After re-trial started, client was offered and plead to a "dry reckless" and the remaining DUI count (.08 or greater) was dismissed.


Myles L. Berman DUI / Drunk Driving Case Of The Week 2/27/12

Mar 2, 2012 — by Myles L. Berman | Comments (0)
Tags: Field Sobriety Testing Drunk Driving Dmv Set Aside

Client was stopped after slowly crossing over broken white lines and straddle 2 lanes on freeway. After stop, officer observed strong odor of alcohol, slurred speech, bloodshot and watery eyes. Client admitted to drinking 2 drinks prior to driving. After further questioning, client then failed 4 field sobriety tests. Client blew a .120/.124 on portable breath test and was then arrested for DUI / Drunk Driving. About 50 minutes after driving, client blew a.13/.12. 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 the blood. Client will also have no record of a license suspension. (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.)