Jul 10, 2014 — by Myles L. Berman | Comments (0)
Tags: Dui Checkpoints Constitution Amendment California Dui Laws

Check this out about checkpoints. Click “read more” below, as we get to the bottom of this issue.

Miranda Rights...You Have the Right to a Correct Understanding

If arrested for drunk driving and not read your Miranda rights, can the charges against you be dismissed?  Click “read more” below to learn about Miranda rights and how they apply to DUI and California law.

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).

Another Great Use Of US Constitution

Feb 8, 2013 — by Myles L. Berman | Comments (0)
Tags: Constitution Amendment Law Enforcement Agency

We use the US Constitution in every DUI / Drunk Driving case to help our clients. When we protect our clients, we are fulfilling our sworn duty. However, another use of the Constitution was by a man who was detained in December, 2011 by Richmond, Va. airport Transportation Security Administration (TSA) officers when he partially disrobed displaying the 4th Amendment of the US Constitution on his chest to protest airport security procedures. He believes the procedures violate unreasonable search and seizure. He then sued the TSA for violating his 1st amendment right of freedom of speech. After the case was appealed from the U.S. District Court, the 4th U.S. Circuit Court of Appeals ruled 2-1 that his case can move forward. We wear the Constitution figuratively on our sleeve. This man wears it literally on his chest. The man is a true believer in the US Constitution!


Jun 29, 2009 — by Myles L. Berman | Comments (0)
Tags: State Crime Labs Constitution Amendment Blood Draw Testing

The United States Supreme Court recently held that a defendant in a criminal case has the constitutional right to cross exam governmentchemists who analyze chemical substances when the government seeks to introduce into evidence the lab reports prepared by government crime labsto prove the substance is what the government says it is. Prior to this ruling and as it relates to DUI / DrunkDriving prosecutions, some statesallowed government lab analysisreports into evidencewithout the need to call the analyst to testify as to the lab report contents. However, in California, this ruling doesn't change the admissibility of crime lab reports in DUI / Drunk Driving prosecutionsbecause courts in California have required experts from crime labs to testifyas to the preparation, contents and conclusions contained in the reports. The recent ruling clearly is an acknowledgement by the U.S. Supreme Court that through cross-examination by defense counsel in criminal cases, a criminal