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Friday, May 22, 2015 Heidi & Frank On KLOS 95.5 FM Interview

Host: Heidi & Frank show, Memorial Day Weekend, we’ve kicked it off. We are already drinking. Hey Kids. Wave them like you just don’t care. Yeah, I’ve done this before. It’s like if we go out to a bar or something. Maybe a restaurant and my kid wants a drink like a not a colada or a Shirley Temple and back in the day, when I was a kid growing up, that was no big deal. Nobody judged you for giving your kid a cocktail that wasn’t a cocktail. But now, if you are out and you are getting a drink with your kid. Do you want a drink with daddy? A fake Cuba Libra and they always put a lime on your soda cup so you can feel like an adult hanging out with us. Is that wrong now? To have 10 year old kids drinking with you?
Whenever my nephews come over when we are all sitting around the aisle and drinking, I always get them root beer because they love it and it’s in brown bottles and they are like yeah. Oh my God. They are turning into you. Oh Yeah. I’m cool, I’m totally drinking beer right now. It’s got root in it. We are totally drinking beer right now and the LA County Sheriff’s coming in here in about half an hour to get some Breathalyzers to see how much we’ve consumed and should we be allowed to drive. Memorial Day weekend is one of the biggest travelling days in America and there are a lot of accidents that happen too and a lot of them are alcohol related.
So we do have Top Gun DUI Defense Attorney Myles L. Berman stopping by this show. A longtime friend of the show and a big supporter of the program and if you ever need him, he is there for you. Top Gun Dui Defense Attorney. What’s up Myles? Hi Myles.

Myles Berman: Hey Frank, how are you?

Host: It’s your big weekend man.

Myles Berman: It’s good to see you. Every time I’m here it’s a big weekend.

Host: because people need to be made aware of what goes on when they are driving around and like I said, this is a public service, really. Having Myles here and having the LA County Sheriff stop by and us drinking because you might have a couple of cocktails and think okay, I’m just going to run to the store and pick up some ice because we forgot ice and I blow at a 0.08 which is the legal limit. So you might be over it, right? But that doesn’t matter because you are still DUI and I say okay, we understand it was two beers and you are running to get out. Are there more checkpoints planned for this weekend than any other time of the year?

Myles: yeah, definitely. This weekend is a 3 day weekend so just by the number of days there are going to be checkpoints every day starting tonight and going through Monday night. So yeah, people should be aware that there are going to be checkpoints all over Southern California.

Host: They should follow you on Twitter because you actually look those up and post those. Is that right?

Myles: I do post checkpoints. That is right. Actually, pretty much for your guys’ fans.

Host: He knows our fans. It’s @MylesLBerman on Twitter. It’s M Y L E S.

Myles: B E R M A N. Did you say the phone number?

Host: I did not. 888-4-TOP GUN

Myles: you saved me from saying it. So anyway, especially, the weather has been bad. So there are kind of like makeup arrests that I expect to occur also for this weekend and checkpoints are actually funded by the federal state and local governments. So in order to justify the checkpoints they also have to make arrests as well. So people should be aware for this weekend.

Host: If you go through the checkpoint, is it? Let’s say Frank and I had dinner and we have two beers and then I go through the checkpoint and they say Ma’am have you been drinking tonight? What do I say? Do I actually say I had a big dinner and I did two beers within a couple of hours? What do I do? Do I just call you immediately? Myles, I’m at the checkpoint, they are asking if I’ve had anything to drink.

Myles: Actually, we get calls as they are being pulled over with the officers behind them. A checkpoint which is actually the same as any other time where you actually don’t have to tell the officers where you are coming from and where you are going to. You don’t have to give evidence against yourself. You have to identify yourself, show proof of insurance, proof of registration.

Host: But if he says where are you headed from or where are you headed to, where are you coming from tonight ma’am. I can always say that is not your bees wax.

Myles: You can.

Host: I can. See I always think the cops are asking questions and I’m just like okay. I’ll tell you.

Myles: The police, their goal is to make arrests and get people who they think are drinking and driving off the road whether they are under the influence or not. Now, they don’t know that from the beginning. So what they need to do is they want to do an investigation. So everything they do in their investigation is geared towards collecting evidence in the event that they do make an arrest and getting people to submit to field sobriety tests or submit to a breath or blood. Field sobriety tests are completely voluntary. As a matter of fact, there is a portable breath test that is administered before arrest but if you are older than 21, you don’t have to take that.

Host: Have they updated the roadside tests since they’ve developed it? Have they done anything new? Now it’s like you get out of the car and you run some American Ninja Warrior obstacle. Do this like stand on one leg. I mean is there something that you can train for?

Myles: yeah. There are two things actually that have developed. The National Highway Traffic and Safety Administration has come up with 3 field sobriety tests and how you rate them and all that. So there is a movement especially in Southern California and not just across the country, that is just picking up now in Southern California where the standardized field sobriety tests are to be used or implemented. They are just as inaccurate as other field sobriety tests. People are extremely nervous

Host: So ABCs backwards, right? They say to say their ABCs backwards.

Myles: You’ve seen that video, huh?

Host: Oh the guy dancing. Z, Y, X, W, V, U, T, S, R, Q, P, L, N, M, O, K, J, I, H, G, F, E, D, C, B, A, Sober. See Myles, he is trained.

Myles: Let’s see if he can do that, I won’t be here but let’s see if he can do that in about half an hour.

Host: He can’t. He will not be able to. I guarantee it.

Myles: There is another big push in law enforcement and that is driving under the influence of drugs. Because of a lot of prescription drugs, because of the legalization of marijuana with medical prescription and other illegal drugs, that there is a huge push to get the officers trained better and more significantly in the area of detecting drugs. So going back to what you were saying Frank, that is there training for it? The answer is yes. There are all kinds of academies and courses that law enforcement goes to train

Host: He wants to talk about if he can train for the field sobriety tests. He doesn’t care about the officer’s gimmick. But you made a point earlier Myles that I always talk about. Like I always feel that when taking a lie detector tests, I would be nervous just getting hooked up. I would be nervous if I even haven’t had a drink and I see the lights and I’m like. I would get nervous even if I haven’t done anything wrong. My heart starts pumping and you are sweaty and like a target, maybe a little bit jittery. They are asking me to do things and my hands are shaking. You look wasted. Yeah.

Myles: Most people who are arrested for DUI are first time offenders and they haven’t been through this and they haven’t had any contact with law enforcement other than a speeding ticket or something like that. So, going through this experience is very, it’s almost surreal once it’s happening. Not to mention the consequences which, in California, the consequences are so severe, in some counties it’s even worse than others that somebody who is convicted of DUI or could be convicted of DUI has a lot at stake, their job, their reputation, their freedom. So it’s really important that people understand that just because you are arrested for DUI doesn’t mean that they can convict you.

Host: It’s not like just the court thing or the legal part of it, you are also dealing with the DMV. That’s like 2 separate things.

Myles: Correct. In California when you are arrested for DUI, you have the court proceeding and the DMV. So the DMV will move to take your license depending on if it’s a first offense, a second offense, a refusal, a third offense, etc. So that has to be dealt with almost immediately after the arrest as well. We handle obviously both sides of it. So it’s really important that when somebody is arrested for a DUI, that thy get an attorney. You guys better call 888-4-TOP GUN

Host: That’s a good number, better write it on your wall. If you are online, go to Say it nice and slow Myles

Myles: 888-4-TOP GUN. So it’s really important and one of the things that is happening and it is a pilot program in LA County and I’m sure it will go statewide in four other counties, that if you are convicted of a first offense DUI, you have to install an ignition interlock device in any car that you own or have access to for 5 months. So imagine a businessperson who uses their car

Host: Like a realtor or something like that. Oh hang on a second. Puff. They say hang on a second because you blow into this. You want to get out of the car. Or I had a girlfriend in college and her car wouldn’t start unless you did that. I get a high five from Myles L. Berman.

Myles: Good work, Frank.

Host: Here is the thing, it’s not just driving on the road like driving car, driving a truck, driving a motorcycle, you could be riding a bike, you could be on a skateboard, right? You could be on a horse, you could be on a jet ski, you could be driving a boat, don’t think that it’s just the road where you can possibly get a DUI.

Myles: You’ve been reading our blogs.

Host: I have been. Right.

Myles: We just posted one on a golf cart. Can you get a DUI on a golf cart?

Host: Can you?

Myles: yes, you can. Anywhere where it’s a motorized vehicle, even on a bicycle, you can get a DUI.

Host: Unicycle? Because you look drunk. You know I’m wasted

Myles: I’m glad he didn’t ask for a tricycle. He can get a DUI and a half.

Myles: Yes, actually. Any kind of motorized vehicle. But we’ve actually had cases where the guy got arrested in a golf cart in an accident. So he is facing full blown prosecution

Host: Are there cops on the golf course?

Myles: No, in that case, he drove off the sidewalk and into a gully and then the police were called.

Host: That’s the thing now, you might not think about. You’ve had a beer and you think you can drive down to the store. What you don’t always think about is everybody else is driving. You are good driver and you are a defensive driver and you’ve only had one beer and when you are out there and somebody who runs into you, some old lady who is dead sober and you’ve had a beer, it’s almost like it’s our fault. So don’ think about how am I going to get to the store and back. It’s can you get through everybody else and to the store and back. So do not drive. That really is the best choice if you have been drinking at all. I don’t care if it’s just one. Somebody at the party has taken the responsibility of not drinking so they can go get the ice that you forgo to bring. They are the boring person at the party who is drinking club soda. I’m like go get more ice for us, will you?

Myles: The reason why what you are saying is good information because I guess you know that if you have one beer or five beers, you still can’t tell how much or in your case, what? 18, 15, 30 pack. So one bottle of beer can give a strong odor of alcohol but you can be maybe at most a 0.02 depending on your weight but that’s what triggers, the odor of alcohol is what triggers the investigation usually.

Host: Does that work for weed too? Do they look for people smoking weed and driving?

Myles: Yes. Usually and oftentimes, when the window is open the officers can smell the dope. It’s not called dope anymore since its legal. It’s called weed.

Host: They look for the steering wheel with the orange tint on it from all of the Cheetos and Cornies you’ve been eating. Yeah, we have our guy, pull him over.
Myles: I have to tell people, just because you have a medical marijuana license, it won’t save you from being arrested and prosecuted for a DUI. It doesn’t mean they can convict you.

Host: It can be prescription or anything. It can be Percocet or anything like that. You are still on a controlled substance.

Myles: Correct.

Host: So Myles, thank you so much for coming in. Big weekend, if you do need to call Myles L. Berman, do so 888-4-TOP GUN. Put that in your phone right now and hopefully you will not have to use it. Hopefully you won’t have to call Myles but if you do get into a situation, Myles is the best guy to call. Alright. 1-800-955-5567 is our number. We are going to take a break, drink some more and then the LA County Sheriff is going to come down here to see how drunk we actually are, alright. Stick around, we are Heidi & Frank.

Description: Top Gun DUI Defense Attorney® Myles L. Berman® interviewed on Friday, May 22, 2015 by Heidi & Frank on KLOS 95.5 FM in Los Angeles about Memorial Day Weekend DUI enforcement and checkpoints.

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