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Myles L. Berman DUI / Drunk Driving Case Of The Week 10/22/12 #3

Our client was involved in a one car collision striking a center divider on the freeway. Upon arrival, officer observed bloodshot/watery eyes, odor of alcohol, unsteady gait and slurred speech. Client admitted to driving, drinking 3 beers and feeling the effects of the drinks. Client failed 4 field sobriety tests and was arrested for DUI / Drunk Driving. About one hour after the collision, client took a blood test with the result of .13. Prior to trial, we filed a motion to dismiss the charges because the prosecutor took too long to properly notify our client of the filing of DUI / Drunk Driving charges (approximately 3 years) after the initial arraignment when charges were not filed. The court granted our motion. Both driving under the influence of alcohol and driving with a .08 or greater in the blood 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 10/22/12 #2

Oct 26, 2012 — by Myles L. Berman | Comments (0)
Tags: Field Sobriety Testing Drunk Driving Breathalyzer

Our client was stopped after driving the wrong way and stopped at an intersection directly in front of and facing the police car. Client had strong odor of alcohol, slow/slurred speech and admitted to drinking 4 beers. Our client then failed 4 field sobriety tests and refused a portable pre-arrest breath test. Client was then arrested for DUI / Drunk Driving. After being arrested, back at the jail client blew a .14/.15. After jury trial, our client was found not guilty of driving under the influence of alcohol and driving with a .08 or greater in the blood. (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 10/22/12 #1

Our client was stopped after accelerating causing tire burnout or skidding and failed to yield to officer's emergency lighting for about one mile. Client had odor of alcohol, bloodshot/watery eyes, slightly slurred speech and unsteady while standing. Client admitted to drinking 8-10 beers at a boating event. Client failed 5 field sobriety tests and blew a .16/.17 on portable breath test. Client was then arrested for DUI / Drunk Driving. After arrest, client blew a .15/.15. Prior to trial, we filed and argued a motion to suppress the evidence as there was no probable cause to stop our client. The court granted our motion. Both driving under the influence of alcohol and driving with a .08 or greater in the blood 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.)


Another Crime Lab With Problems

Oct 20, 2012 — by Myles L. Berman | Comments (0)
Tags: State Crime Labs Blood Draw Testing

The Massachusetts state crime lab is reeling from the fallout of a chemist who was so ambitious to please prosecutors, police and her bosses by allegedly completing so many drug tests which many, as it now turns out, were faked or false. Over a 9 year period, the chemist supposedly tested 60,000 drug samples involving 34,000 defendants. Reports indicate the chemist was doing as much as 10 times a month the number of tests as the average chemist. The crime lab has been shut down by the governor. The public health commissioner was also fired. Special court sessions were set up to deal with the legal fallout from the chemist's actions. Tens of thousands of cases have been thrown into jeopardy as a result of the actions of both the chemist and others in the crime lab. Breath and blood testing in DUI / Drunk Driving cases are almost always conducted in coordination with crime labs across the Unites States.


Myles L. Berman DUI / Drunk Driving Case Of The Week 10/1/12

Our client was stopped after being observed making a turn at a high rate of speed losing traction, making an abrupt lane change passing a slower car, speeding up approaching an intersection, drifting left into left turn lane and driving on double yellow lines. After the stop, the officer then observed odor of alcohol, unsteady gait, slow and mumbled speech and bloodshot/watery eyes. Client admitted to drinking 3-4 12 oz. cans of beer. Client then failed 4 field sobriety test and refused a pre-arrest breath test. Client was then arrested for DUI / Drunk Driving. Client then refused a breath or blood test. During jury trial, the refusal allegation was dismissed. The jury then found our client not guilty of driving under the influence of alcohol. (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.)