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

Our client was driving around a curve and saw a dog or coyote on the roadway. Client swerved to avoid hitting the animal and ran into a fire hydrant. Upon arrival, officer observed odor of alcohol, red/glossy eyes and slightly slurred speech. Client admitted to drinking 2 glasses of beer. After further interrogation, client failed 4 field sobriety tests and blew a .110/.109 on portable breath test. Client then arrested for DUI / Drunk Driving. After arrest, client took a blood test with results of .08. Prior to trial, client was offered and plead to dry reckless. Both driving under the influence of alcohol and driving with a .08 or greater in the blood were dismissed. Both the fire hydrant and dog or coyote were OK. (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 Problem With A California Crime Lab

Jun 4, 2013 — by Myles L. Berman | Comments (0)
Tags: State Crime Labs California Dui Laws Blood Draw Testing

A former crime lab forensic criminalist who worked at California's Central Valley Crime Lab in Ripon was accused of and plead guilty to stealing drugs from the crime lab. The crime lab does analysis for five counties which are San Joaquin, Calaveras, Tuolumne, Merced and Stanislaus. The criminalist was apparently stealing drugs at the same time he was testifying for the prosecution in cases involving drug analysis. Thousands of cases, including cases in which the criminalist either testified in court or did analysis on drugs were jeopardized. Crime labs need to be above reproach. This is especially true in DUI / Drunk Driving cases where state/county criminalists analyze alcohol and drugs and are often called to testify on behalf of the prosecution.


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

May 10, 2013 — by Myles L. Berman | Comments (0)
Tags: Drugged Driving Drunk Driving Blood Draw Testing

Client was reported driving at slow speeds, weaving onto shoulder as a possible DUI driver. Officer observed client also weaving onto the shoulder and drifting from lane and again onto shoulder 2 more times. Client spoke slowly and appeared lethargic. Client fumbled through purse for 3 minutes to get license, fell against car door, was unsteady on feet, smelled of alcohol, had red/watery eyes and droopy eyelids. Client denied drinking but admitted to taking pain pills. Client failed 3 field sobriety tests and blew a .032/.031 on portable breath test. Client was then arrested for DUI driving under combined influence of alcohol and drugs. After arrest, client blew a .01/.01 and then had a blood draw. Blood tested positive for opiates and possibly oxycodone. In fighting the case, we wanted to test blood with our expert but there wasn't enough blood left to be tested. As a result, the prosecutor dismissed DUI driving under combined influence of alcohol and drugs.


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

Our client was weaving between lanes and shoulder of freeway as well as within lanes. After stop, client admitted to drinking 1 vodka/soda. Officer noticed bloodshot/watery eyes, odor of alcohol unsteady gait and slurred speech. Client failed 4 field sobriety tests and blew a .085/.089 on portable breath test. Client was then arrested for DUI / Drunk Driving. After arrest, client took a blood test with the result of .099. On day of jury trial, client was offered and plead to a dry reckless. Both driving under 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.)


CHP No Longer Doing Forced Blood Draws

The California Highway Patrol is suspending non-consensual blood draws in misdemeanor DUI / Drunk Driving cases and will obtain search warrants for blood draws in Felony DUI / Drunk Driving cases unless there are exigent circumstances beyond the mere dissipation of the suspect's blood alcohol content . The new policy is a direct result of the US Supreme Court decision I posted about last week. Credit should be given to the CHP for following the 4th amendment of the US Constitution as reaffirmed by the US Supreme Court. So many of our clients were shocked to learn police actually threaten to restrain as well as restrain them when they withdrew their consent to a chemical test (breath/blood).


Update on Massachusetts Crime Lab Problems

Apr 5, 2013 — by Myles L. Berman | Comments (0)
Tags: State Crime Labs Law Enforcement Agency Blood Draw Testing

As you may recall, I've been writing for quite some time about a former Massachusetts chemist who is accused of faking test results and tampering with evidence. Now the American Civil Liberties Union of Massachusetts is asking the Massachusetts Supreme Judicial Court to put on hold the sentences of defendants where the chemist was involved while motions for new trials are pending. This is yet another example of how defense lawyers are at the forefront of preserving our liberties in courts throughout the country so that we can continue to be a free society. No one should be convicted of a crime based on dishonest evidence. This is especially true in DUI / Drunk Driving cases as chemists play a key role in prosecuting these types of cases.


Myles L. Berman DUI / Drunk Driving Case Of The Week 2/11/13 #2

Before being stopped, our client passed a patrol car slowing down from 35 mph to 10 mph. Client's tinted front side windows blocked officer from even seeing a silhouette of client. Officer observed strong odor of alcohol, slow movements, watery eyes, slow speech and slow/swaying walk. Client denied drinking alcohol. Client then failed 5 field sobriety tests. Client then blew .102/.098 on portable breath test. Client was then arrested for a second DUI / Drunk Driving. After arrest, client blew an insufficient breath sample back at jail and refused a blood test. Client was also charged with refusing a chemical test. Prior to trial, client was offered and plead to a wet reckless. A second driving under the influence of alcohol, driving with a .08 or greater and refusing a chemical test were all 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.)


US Supreme Court Should Ban Warrantless Forced Blood Draws

Jan 12, 2013 — by Myles L. Berman | Comments (0)
Tags: Drunk Driving Arrests Blood Draw Testing California Dui Laws

There is a case pending right now before the US Supreme Court where the issue is the legality of a warrantless forced blood draw in a DUI / Drunk Driving case. Previously, the court held that a blood draw administered in a way that does not shock the conscience of the court is valid. Since then, police agencies have administered countless forced blood draws on people arrested for DUI / Drunk Driving all across the country, especially in California. The government's argument is that since blood alcohol levels dissipate quickly, obtaining a warrant will delay/interfere with obtaining a blood sample. The counter argument is that a forced blood draw is an unconstitutional intrusion which most people are opposed to for many reasons, such as fear of needles, infection, contamination as well as citizens' rights against self-incrimination as well as to be free from unreasonable search and seizure.


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 7/9/12 #1

Our client was observed making a u-turn at a no u-turn intersection, colliding with the curb before completing the u-turn. Upon contact by police officer, client had slurred speech, glossy and watery eyes. Client's pupils were also dilated and client was sweaty profusely. Client admitted to taking 3 prescription drugs. Upon exit, client walked slowly with an unsteady gait. Client then failed 5 field sobriety tests. Client was then arrested for DUI-Drugs. Blood tests results were positive for prescription drugs. After jury trial, the jury came back hung. Just prior to retrial, client was offered and plead to dry reckless. Driving under the influence of drugs charge 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.)