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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.)


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.)


Myles L. Berman DUI / Drunk Driving Case Of The Week 7/30/12

Aug 3, 2012 — by Myles L. Berman | Comments (0)
Tags: Dui Test Refusal Field Sobriety Testing Prior Dui Offense

Our client was stopped after being observed speeding, changing lanes without signaling and running a red light. Officers observed odor of alcohol, bloodshot/watery eyes, flushed face and slurred speech. Client admitted drinking a glass of champagne. Client then failed 4 field sobriety tests. Client refused a portable breath test. Client then arrested for a second DUI / Drunk Driving charge and driving while license suspended. After arrest, client blew a .08/.08. At pre-trial, client was offered and plead to a wet reckless and suspended license. Second offense driving under influence of alcohol and driving with a .08 or greater 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 7/23/12

Officers responded to a Hit & Run investigation. Went to area where our client's car was parked with extensive damage to the right front quarter panel. Officers ran the plates of car and went to our client's home. Our client was investigated at his home for DUI and Hit & Run. Our client had difficulty standing, odor of alcohol, blood shot/watery eyes, slurred speech and swayed while walking. Client was positively identified as the driver by an eye witness. Client failed 2 field sobriety tests and refused 3 more. Client was then arrested for a second DUI / Drunk Driving along with Hit & Run. After arrest, client refused a blood or breath test. Prior to trial, client was offered and plead to a wet reckless. Second offense driving under influence of alcohol, driving with a .08 or greater and Hit & Run charges were dismissed. (The case results posted on this page do not guarantee the success or outcome of your case.)


Myles L. Berman DUI / Drunk Driving Case Of The Week 4/2/12 #2

Apr 10, 2012 — by Myles L. Berman | Comments (0)
Tags: Breathalyzer Drunk Driving Arrests Dui Test Refusal

The officer observed our client jerk to the right from the car pool lane crossing double yellow lines into next lane for about a foot 3 times. The second time our client was about 1 car length behind another vehicle. After patrol car's lights went on, client continued to swerve in the car pool lane. Eventually, client pulled off freeway and parked. Upon contact and investigation, officer observed odor of alcohol, red and watery eyes. Client told officer he needed to get off freeway because he was going to pee in his pants. Client admitted to drinking 2 bottles of light beer, failed 4 field sobriety tests and blew a .104 and refused a second test on scene. Client was arrested for DUI / Drunk Driving. Back at jail, client then blew 3 times with insufficient samples each time. Client was charged with DUI refusal. On day of trial, client was offered and plead to a dry reckless. DUI refusal was dismissed.


Myles L. Berman DUI / Drunk Driving Case Of The Week 11/7/11

Nov 11, 2011 — by Myles L. Berman | Comments (0)
Tags: Dui Test Refusal Blood Draw Testing Breathalyzer

Client was driving a new sports car entering the on ramp of the freeway at about 80 mph with no rear license plate. After being pulled over, (client did not have his driver's license with him) officer noticed client walking slow, red/water/bloodshot eyes, slow and slurred speech and odor of alcohol. Client denied drinking. Client stated he took cough syrup 3-4 hours earlier. After failing 5 field sobriety tests and refusing to take a preliminary breath test, client was arrested for DUI / Drunk Driving. After arrest, client refused to take a blood or breath test. Just prior to trial, client was offered and accepted a plea to reckless (dry) driving. DUI / Drunk Driving and refusal allegations 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.)


In 2007, There Were Over 190,000 DMV Administrative Actions By DMV After DUI / Drunk Driving Arrests

Sep 29, 2009 — by Myles L. Berman | Comments (0)
Tags: Dmv Set Aside Dui Test Refusal California Dui Laws

According to the California Department of Motor Vehicles, in 2007 there were 192,213 administrative per se actions. An administrative per se action is a suspension or revocation proceeding which is triggered after a driver is arrested for DUI / Drunk Driving. Of the total number stated, 76% were for first offender actions which also included zero tolerance as well. In fiscal year 2007/2008, there was an increase of 5.1% from the previous fiscal year in admin per se actions. Chemical test refusals increased by 2.9% in 2007. However, the number of DMV admin per se refusal actions had decreased by 5.2% from 1997-2007. During the first 14 1/2 years since the zero tolerance law for minors was enacted (1/1/94), 232,147 suspension actions have been taken by the California DMV.


New Tough DUI / Drunk Driving California Law

Jan 14, 2009 — by Myles L. Berman | Comments (0)
Tags: California Dui Laws Drunk Driving Arrests Dui Test Refusal

As of January 1, 2009, anyone who is on DUI / Drunk Driving probation who is detained or arrested for DUI / Drunk Driving must submit to a chemical test (blood, breath or urine). If results obtained are greater than a .01 or if a person on probation refuses to take a chemical test, then there is a possible new DMV suspension/revocation of the driver's license from 1 to 3 years depending on the number of prior offenses as well as whether or not the person refuses the chemical test. In addition, there can be an additional charge filed in court.