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DUI / Drunk Driving Case of the Week

Click "read more" below to learn about a 2nd offense DUI / Drunk Driving case we won because we know the law and fight for our clients. Do you want us to fight for you?


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 5/7/12

Our client was stopped for speeding and following another vehicle too closely on the street. Officer observed odor of alcohol, bloodshot/watery eyes and flushed face. Client admitted drinking 1 beer. Officers learned client was on probation for a prior DUI / Drunk Driving conviction. After failing 5 field sobriety tests, client blew into portable breath test machine with a result of .106. After being arrested for his 2nd DUI / Driving Driving offense, client blew a.09/.08 back at the jail. After jury trial commenced, the prosecutor offered and client accepted a plea to exhibition of speed. Both 2nd offense driving under the influence of alcohol and driving with a .08 or greater 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.)


Myles L. Berman DUI / Drunk Driving Case Of The Week 4/2/12 #1

Client stopped for drifting twice and turning headlights on and off several times while on the freeway. After the stop, client admitted to drinking a couple glasses of wine. Officer observed odor of alcohol and bloodshot eyes. After getting out of vehicle, client was unsteady on his feet. Client failed 4 field sobriety tests and then blew a .076/.093/.094 on a portable breath test machine. Client was then arrested for a second DUI / Drunk Driving charge. Back at the jail, client blew a .12/.12. On eve of jury trial, client was offered and plead to a dry reckless. Both the driving under the 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 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.)


Myles L. Berman DUI / Drunk Driving Case Of The Week Of 4/4/11

Our client was stopped after being observed gesturing with his middle finger, yelling obscenities and honking his loud horn excessively at another driver while stopped next to a police car for 2 minutes. After observing the odor of alcohol, unsteady gait, bloodshot and watery eyes, slurred speech, 3 poorly performed field sobriety tests and .139/.141 preliminary breath test, our client was arrested for his 2nd DUI / Drunk Driving case. About 1 hour, 20 minutes after arrest, our client blew a .11/.10. On the day of trial, our client was offered and accepted a charge of wet-reckless. The DUI charges were dismissed. No jail and no installation of an ignition interlock device for 5 months. (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 Of 2/21/11

Sorry for the delayed posting. I've been busy fighting for our clients in court. Our client hired us for his 3rd DUI / Drunk Driving arrest. He was possibly facing a minimum of 120 days in jail and and a license revocation. He was stopped for speeding and weaving on the freeway. After the stop, the officers observations included strong odor of alcohol, slurred speech, and red and watery eyes. After four field sobriety tests, our client blew into a portable breath test machine with the results of .10/.10. After arrest, our client blew a .10/.09. On the day of trial, the prosecutor offered and the client accepted a dismissal of all DUI /Drunk Driving charges and plead to a "wet reckless" with no jail time at all. (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.)


California Gets Tough Again On Convicted DUI / Drunk Drivers

Oct 20, 2010 — by Myles L. Berman | Comments (0)
Tags: California Dui Laws Prior Dui Offense Drunk Driving Arrests

At the end of September, 2010, Governor Schwarzenegger signed into law AB 1601 which will now allow judges to revoke for up to 10 years a convicted DUI / Drunk Driver who has at least 2 prior DUI / Drunk Driving convictions within 10 years of a third DUI / Drunk Driving conviction. The is California's version of 3 Strikes and Your Out . The bill was sponsored by Assemblymember Jerry Hill of San Mateo. In January, I debated Assemblymember Hill on this bill. See the link KABC AM 790 TALK RADIO Peter Tilden Podcast Part 1 Top Gun DUI Defense Attorney Myles L. Berman discusses proposed 3 strikes DUI law with Peter Tilden and California Assemblyman Jerry Hill; and KABC AM 790 TALK RADIO Peter Tilden Podcast Part 2, Top Gun DUI Defense Attorney Myles L. Berman discusses proposed 3 strikes DUI law with Peter Tilden and California Assemblyman Jerry Hill; both found at www.topgundui.com/about/in-the-news/.


New Mexico Rounding Up DUI / DWI / Drunk Driving Drivers

Sep 24, 2010 — by Myles L. Berman | Comments (0)
Tags: Law Enforcement Ageny Drunk Driving Prior Dui Offense

The State of New Mexico is planning on rounding up over 1,000 people who have outstanding warrants in DUI / DWI / Drunk Driving cases. New Mexico State Police, Santa Fe police and Santa Fe County Sheriff's departments are starting the round up program called Operation Descansos . People with outstanding warrants are being urged to turn themselves in so they can possibly avoid another arrest and/or additional charges. The warrants are issued for people who have either been arrested or convicted for DUI / Drunk Driving / DWI and have either not appeared in court or have not completed their sentences. I'm sure there has been a financial cost benefit analysis done by the police agencies which would result in additional revenue being generated.