Myles L. Berman DUI / Drunk Driving Case Of The Week 1/21/13

Jan 25, 2013 @ 06:40 PM — by Myles L. Berman

Our client was stopped after a 911 call indicating a possible intoxicated driver and was being followed by the reporting party. Officer also observed client fail to signal lane change and client and passenger yelling and singing loudly while flailing their arms outside car windows. Client admitted to drinking about 2 glasses of wine. Officer observed odor of alcohol and bloodshot/watery eyes. Client's performance was marginal on 4 field sobriety tests. Client was antagonistic, argumentative and talkative during the tests and had to be reminded several times about proper procedure. Client was then arrested for DUI / Drunk Driving. After arrest, client blew a .11/.11. After 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's license suspension will also be set aside. (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.)

Comments (1)

# 1 | Posted by: Joe in Calif, over 4 years ago

Why does anyone do the FST? Just cause a cop asks you, you submit? Have you been drinking: "Sorry officer, I do not answer questions" - with the window up. Open the window - "I am Not required to do so." Where are you going: "I do not answer questions." Where have you been?" I do not answer questions." Step out the car - you are required to comply - be sure you look for the foot un front of you because the cop is going to try to trip you getting out of your car because then, 'you stumbled getting out of your car.' and in order to prove him otherwise, you need to testify. . . . "I am going to perform a series of blah blah" "No Sir, I do intend to comply. I resever under the Fifth Amendment to refuse to speak or provide a demonstrative testimony." they are gonna love that. I've done it when I've been pulled over at a Checkpoint for refusing to speak to them. Every single time I get a written statement from the PD acknowledging that using my Constitutional rights does create suspicious conduct. You ever tried to use your rights properly - almost every single cop HATES it. I have spoken with several Chiefs of Police with their officers in the room and discussed the implications of their oath to the Constitution while I get my written apology.

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