How Safe is Riding a Bicycle?

Aug 14, 2014 — by Myles L. Berman | Comments (0)
Tags: California Dui Laws Drunk Driving Law Enforcement Agency

In California, do bicycle riders on the roadway have to follow the same rules as other motorists? To find out the answer and learn more, click “read more” below, as we grab the handlebars on this issue.

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).

Facebook,Twitter Changing DUI / Drunk Driving Checkpoints

Apr 15, 2013 — by Myles L. Berman | Comments (0)
Tags: Dui Checkpoints Law Enforcement Agency Topgundui Website

As a result of DUI checkpoints being posted in advance on Facebook and Twitter, police agencies are starting to rethink their use of DUI checkpoints to catch suspected drunk drivers. Instead of focusing on weekend nights, police are starting to set up checkpoints during the week and at unusual locations. For example, a police agency in Northern California wine country set up a DUI checkpoint at the bottom of a winery's driveway on barrel-tasting day! This change in policy will have serious negative consequences on business that have specific types of promotions that involve alcohol. Police will also no longer need the large number of officers needed for busy roadway DUI checkpoints nor will it take them as long to set up the checkpoints. If arrested for DUI, call 888-4-TOPGUN (888-486-7486) for representation. Drive safely.

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.

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!

Myles L. Berman DUI / Drunk Driving Case Of The Week 1/14/13

Jan 19, 2013 — by Myles L. Berman | Comments (0)
Tags: Law Enforcement Agency Dui Charges Dismissed Drunk Driving

Our client was stopped for running a red light. Officer observed strong odor of alcohol, red/watery/bloodshot eyes, slurred speech and swaying back and forth. Client failed 4 field sobriety tests having trouble throughout following simple directions. Client admitted to drinking 3 glasses of wine earlier. Client was then arrested for DUI / Drunk Driving. After arrest, client blew a .08/.08. After we advised client to take case to trial, the jury was selected and sworn in. However, the state was unable to proceed because the officer was unable to testify in court. Both driving under the influence of alcohol and driving with a .08 or greater in the blood were both dismissed. Another example of a winning case because our client followed our advice and had the courage to fight the charges. (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 Thoughts On DUI / Drunk Driving Checkpoints

Dec 28, 2012 — by Myles L. Berman | Comments (0)
Tags: Dui Checkpoints Law Enforcement Agency Drunk Driving Arrests

I think it's time for law enforcement to reconsider the way DUI / Drunk Driving checkpoints are publicized. While it is a legal requirement to publish the locations, police agencies oftentimes publish the location of the DUI / Drunk Driving checkpoint as within the city limits . It is really unfair to both non-impaired drivers and businesses who can be adversely impacted due to changing of plans or loss of business by local businesses. Checkpoints may act as a deterrent as well as increase safety in the area of the checkpoints, but it seems to me publicizing the exact location is the most fair way to employ DUI / Drunk Driving checkpoints. After all, the primary purpose of a DUI / Drunk Driving checkpoint is for public safety, not to increase/generate revenue for police agencies.

Myles L. Berman DUI / Drunk Driving Case Of The Week 8/13/12

Client drove right past a police officer without slowing down while the officer was conducting another traffic stop with the police car's emergency lights flashing. The police officer finished the traffic stop and began to follow our client and pulled our client over. Officer observed odor of alcohol, and bloodshot/watery eyes. Client admitted to drinking 1 beer. Client then failed 5 field sobriety tests and blew a .12/.13 on portable breath test. Client was then arrested for his 2nd DUI / Drunk Driving charge. After arrest, client took a blood test with the results of .118/.122. In court, we filed and successfully argued a motion that the original stop was not valid. All DUI / Drunk Driving charges 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.)

San Francisco Portable Breath Test Machines Called Into Question

Mar 9, 2012 — by Myles L. Berman | Comments (0)
Tags: Breathalyzer Law Enforcement Agency Field Sobriety Testing

Portable breath test machines used by the San Francisco Police Department for DUI / Drunk Driving investigations and arrests apparently have not been properly tested for accuracy. There is now an investigation into the San Francisco Police Department's use of the machines. Records dating back to 2006 indicate the sample readings consistently matched actual tests which apparently is a mathematical impossibility. The investigation will have to go back to 2001 when the machines were first used by the SFPD. According to some reports, anywhere from hundreds to thousands of DUI / Drunk Driving convictions may have to be vacated. As a result of this irregularity, the San Francisco Police Department has stopped using the portable breath testing machines. I've always maintained that breath testing is based on voodoo science. This is just another of a long line of examples of inaccuracies of breath testing.

Whoa! Nearly 10,000 Law Enforcement Agencies Cracking Down!

Aug 19, 2011 — by Myles L. Berman | Comments (0)
Tags: Law Enforcement Agency Drunk Driving California Dui Laws

Starting August 19th and continuing until September 5th, nearly 10,000 law enforcement agencies across the nation will be conducting an intensive crack down on DUI / Drunk Driving. The nationwide operation is called Drive Sober or Get Pulled Over. This means there will be a large amount of DUI / Drunk Driving checkpoints all across the country. These checkpoints are usually funded by both the Federal Government as well as state governments. The funding pays for the substantial additional cost incurred for police overtime. I fully expect to see record numbers of DUI / Drunk Driving checkpoints and arrests in California from now until Labor Day. Of course, the more DUI / Drunk Driving convictions there are, the more local governments collect in fines and costs.