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LAPD Conducting 9 DUI / Drunk Driving Checkpoints This Weekend
December 17, 2010

The Los Angeles Police Department is conducting 9 DUI / Drunk Driving checkpoints the weekend of December 17th and December 18th, 2010. The specific DUI / Drunk Driving checkpoints can be found on my website. For many years, I’ve been posting published DUI / Drunk Driving checkpoints on my web page. Oftentimes, the information is submitted directly to my office via email from the same police agencies who are conducting the checkpoints. As the Holiday Season is now upon us, there will be a large number of DUI / Drunk Driving checkpoints throughout southern California. As a result of the… Read More

In DUI / Drunk Driving Case, Right To Phone Call Upheld
December 16, 2010

The Iowa Supreme Court overturned a DUI / Drunk Driving conviction of a man who was not allowed to make a telephone call after being arrested for DUI / Drunk Driving. Once at the police station, the arrested driver requested to call his mother. The police did not allow this call to be made. In Iowa, an arrested person has a right to make a telephone call. Many states give arrestees the right to make a telephone call after being arrested but do not have a remedy for failure to allow a post arrest telephone call. It looks like Iowa… Read More

In DUI / Drunk Driving Fatality Teens Can Now Be Prosecuted As Adults
December 7, 2010

A 17 year old teenager will be tried as an adult for murder in a DUI / Drunk Driving fatality in Akron, Ohio. He will be held in a juvenile detention facility until he turns 18. Based on the facts of the case, the Summit County Prosecutor’s Office argued that the juvenile’s acts were intentional. The juvenile’s car was seen driving without headlights on. The officer’s attempted to stop the juvenile. However, the juvenile sped away and then crashed into a retaining wall near where a crowd was gathered and struck a bystander causing the fatality. The judge in Juvenile… Read More

Novel DUI / Drunk Driving Sentence May Be Struck
December 3, 2010

In St. Joseph County, Indiana, a program that allows people arrested for first time DUI / Drunk Driving to avoid a DUI / Drunk Driving conviction by agreeing to install an ignition interlock device in their vehicles for six months. The defendants would first have to plead guilty and successfully complete the novel program. Upon completion of the program, the defendants would be convicted of reckless driving. However, one of the judges in St. Joseph Superior Court believes the law requires the defendants to install the ignition interlock device for 2 years. The judge has asked other judges of the… Read More

Myles L. Berman Now On Social Networking Websites
November 10, 2010

This is my first posting since I launched my social networking websites. I am on Facebook, Twitter and LinkedIn. I have had a webpage for my Top Gun DUI Defense Attorney law offices since 1994. My web site has been profiled in presentations by Bar Associations, referred to by legal experts and used as a reference tool for other DUI / Drunk Driving defense attorneys across the Untited States. However, I am very new on the social networking scene so I hope the public will be patient with me. I am planning on posting more often with relevant information regarding… Read More

California Gets Tough Again On Convicted DUI / Drunk Drivers
October 20, 2010

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… Read More

National Trend To Charge Murder In DUI / Drunk Driving Cases
October 11, 2010

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… Read More

California Cities Hold 4 Of Top Ten Spots For DUI / Drunk Driving Arrests
September 30, 2010

According to the LA Daily News, four of the top ten large cities across the United States for DUI / Drunk Driving arrests are in California. San Diego ranks as number one. San Jose ranks as number two. Los Angeles ranks as number seven. San Francisco ranks as number eight. Boston was excluded from the list as there was no data available. The list was comprised by a study done by Insurance.com. The study was based on information provided by drivers seeking online quotes for auto insurance during the past three years. The rest of the top ten cities are… Read More

New Mexico Rounding Up DUI / DWI / Drunk Driving Drivers
September 24, 2010

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… Read More

California Comes Down Hard On Previously Convicted DUI / Driver
August 25, 2010

Recently, an Appellate Court in California affirmed a second degree murder conviction for a reckless driver who was alcohol/drug free because in part he had a previous DUI / Drunk Driving conviction. The prosecution introduced into evidence in the murder trial evidence of the prior DUI / Drunk Driving conviction and that the defendant attended an alcohol program in the prior DUI / Drunk Driving case that discussed the risks of driving dangerously and therefore the defendant was aware of the risks. Once the defendant was aware of the risks, the jury was allowed to infer malice which would justify… Read More

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