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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 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 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.)


Myles L. Berman DUI / Drunk Driving Case Of The Week 6/11/12 #2

Our client struck the rear of a slower moving vehicle on the freeway. Our client was then struck from the rear by another vehicle who then fled the scene. There were minor injuries. Our client was investigated for DUI / Drunk Driving. Client was observed to have red/water eyes, strong odor of alcohol and admitted to drinking 1 drink. Client failed 4 field sobriety tests and refused an on scene breath test. Client was then arrested for DUI / Drunk Driving. After arrest, client refused a breath or blood test. Prior to trial, client was offered and plead to an exhibition of speed. Both driving under the influence of alcohol charge and refusing a chemical test enhancement 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 5/21/12 #3

While driving through an intersection, another car cut in front of our client's car causing a collision. Police and paramedics responded. Our client was observed with odor of alcohol, bloodshot/watery eyes, slurred speech and unsteady gait. Client admitted to drinking 2 beers with dinner. After failing 4 field sobriety tests, client was arrested for DUI / Drunk Driving. After arrest, client blew .12/.11 back at jail. After a 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. It is expected there will be no DMV suspension on her driving record as a result of this arrest as well. (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 1/23/12 #3

Our client was observed by 2 police officers collide into the rear bumper of a car that was stopped for a red light. Client used the car for balance in getting out of car. Officer observed a strong odor of alcohol, bloodshot and water eyes. Client admitted to drinking 3 beers. Client then failed 4 field sobriety tests and was arrested for a second DUI / Drunk Driving charge within 10 years. After being arrested, client took a blood test with the result of a .19. After a 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. (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.)


National Trend To Charge Murder In DUI / Drunk Driving Cases

There has been a growing trend nationally to charge drivers with murder when a death occurs as a result of a driver who is arrested in a DUI / Drunk Driving case. Some years back, a prosecutor put forth a theory that if the driver knows or should have known of the risk of driving under the influence of alcohol, is grossly negligent in the way the vehicle was driven and a death occurs as a result, then the jury can infer the driver had the requisite malice to find the driver guilty of murder. One way to show the driver knew or should have known of the risks is if there was a prior conviction for DUI / Drunk Driving where the driver attended an alcohol program and was taught about the dangers of DUI / Drunk Driving.


Driver Convicted Of Drunk Driving On Motorized La-Z-Boy

Oct 27, 2009 — by Myles L. Berman | Comments (0)
Tags: Impaired Driving Collision Drunk Driving

Many states are cracking down and charging people with DUI / Drunk Driving who are riding on non-conventional motorized things after they have been drinking. Recently, a Minnesota Man pled guilty to drunk driving after crashing a motorized La-Z-Boy. The chair was powered by a lawnmower engine. Lawnmower engines sometimes have 1 1/2 horsepower. The chair had a stereo and cup holders. After leaving a bar, the rider crashed the chair into a parked vehicle but was not seriously injured. Apparently, the rider had a blood alcohol level of .29. While we have seen a number of cases in California when people arrested for DUI / Drunk Driving are on non-conventional vehicles, the 2 elements the state looks for in cases like this are if the thing is powered by a motor and was the thing driven anywhere on public property.


DUI / Drunk Driving On Motorized Bar Stool!

According to the LA Times, an Ohio man was charged with operating a vehicle while intoxicated after he crashed his bar stool which was powered by a lawn mower engine. Not much else to say about this one!


First person arrested for DUI / Drunk Driving in England

The first person arrested for DUI / Drunk Driving in England was a London taxi driver named George Smith, according to DUI-News. Mr. Smith was arrested after crashing his taxi into a building. He later pled guilty and was fined 25 schillings.