Interview with Top DUI Attorney
Ventura DUI defense lawyer Myles Berman joins Arsenio and Sam for an informative interview covering a variety of DUI-related legal topics, including Blood Alcohol Content testing methods, DUI checkpoint concerns, and the importance of hiring experienced drunk driving attorneys if you are charged with DUI/DWI. Mr. Berman is a well-known and highly-respected drunk driving lawyer with offices in Los Angeles, Orange County, and Ventura County. His team of DUI lawyers assists individuals throughout California who are facing DUI charges.
FM 97.1 FREE FM PODCAST – ARSENIO AND SAM – NOV 20, 2007 PART 1
Sam: We have a hot in studio guest with us tonight.
Arsenio: And you’re about to act like a drunk in front of him because you can’t stand still.
Sam: That’s very true. I’m going to be teetering and tottering. But it’s just because I have to go potty. But the normal people that call Myles L. Berman teetering and tottering are assuredly drunk and they’re in trouble. Because he’s the Top Gun DUI Defense Attorney Myles L. Berman in studio with Arsenio and Sam filling in for the boys Conway and Whitman.
Arsenio: Yeah! Common man’s hero!
Sam: We’re taking all your drunk driving calls, any questions for Myles L. Berman. If you’re in trouble, here’s your opportunity to ask a question. 888-520-9710. Handsome Myles, good to have you back with us.
Myles L. Berman: Thanks, Sam. Good to be here.
Sam: Now I’m starting to think this is a trend that you’re picking Arsenio and Sam to always come on the show.
Arsenio: Well, we do have some good hours and great callers.
Sam: You know what I just realized, though? We’re always the ones filling in on the holidays and that’s when Myles does all of his business.
Arsenio: Oh, there’s marketing involved in all this! You know, I have your number right under Triple A laminated in my trunk and I got drunk one night and couldn’t open the trunk.
Myles L. Berman: Ah, good. I’ll give you a card and you can put it in your wallet.
Arsenio: Thank you, sir!
Sam: And if anyone wants Myles L. Berman’s number it’s 888-4-TOP-GUN because he’s the Top Gun Defense Attorney. Myles L. Berman 888-4-TOP-GUN. So Myles Thanksgiving is coming up in a couple of days.
Myles L. Berman: It is. It is. Ask me what’s new in DUI.
Sam: Okay, what’s new in DUI?
Myles L. Berman: Great question. You know I just started blogging on my website and I put up a blog today. The Salinas, California police department, in their checkpoint is giving anywhere between—this is for Thanksgiving—is giving away anywhere between 150 and 300 turkeys for those people who pass their field sobriety tests.
Sam: Wow, so they’re giving away turkeys? Are these like little tiny turkeys or these big-ass turkeys?
Myles L. Berman: I don’t know but what I think—
Arsenio: She want the weight.
Sam: I want the big-ass turkey.
Arsenio: She is very specific.
Sam: It’s all about big, big, big.
Myles Berman: You like the drum sticks, huh?
Sam: Oh, honey. The thighs, the breasts, the breast does me. Alright, so they’re giving away free turkeys?
Myles L. Berman: They are, and what I was wondering is that in California you have the right to evade or avoid a checkpoint.
Sam: Ooh, but don’t you look guilty when you do that?
Myles Berman: Well, the cops always look for people that try to avoid the checkpoint and use that as some type of pretext—actually they look for any other vehicle code violation to pull somebody over. But what I think they should do is, for those people that avoid the checkpoint; the cops should give them a chicken.
Sam: You’re clever, Myles.
Arsenio: You know with the writers strike, we really need Myles L. Berman.
Sam: Yeah, we need your material, dude. And not just your services.
Myles Berman: I have to give credit where credit is due. I made that up.
Sam: You did? That was pretty good. We’ve got Myles L. Berman, comedian, in the studio, also Top Gun DUI Defense Attorney taking all your alcoholic drunk driving calls. 888-520-9710. and don’t let me mislead you, he cannot help you if you’re an alcoholic but he can help you not plead guilty because friends don’t let friends plead guilty.
Arsenio: And Myles you mentioned that website. What is it?
Myles Berman: topgundui.com.
BROWSE TOPGUNDUI.COM FOR MORE DUI-RELATED LEGAL INFORMATION
Additional sections of this website provide more information on a variety of DUI-related legal topics that aren’t covered in the interview. Learn what to do if you are pulled over under suspicion of drunk driving in Ventura or anywhere in California, the stages of a DUI case, how DUI attorneys can protect your rights, DUI defenses, and more by browsing the rest of the Top Gun DUI Lawyer website.
Arsenio: Gotcha, gotcha. Writing that down, which means Sam, is writing it down.
Sam: Yeah, I’m writing it. So your blog is on there?
Myles Berman: Yeah, I just started blogging today.
Sam: Oh, my goodness!
Myles L. Berman: Yeah, I’m coming into the—I’ve been on the web since ’94.
Sam: It’s so funny, actually, Missy Wilson, you’re account exec. said you don’t like the internet very much, so I cannot believe that you’re blogging now, that’s funny.
Arsenio: Was Al Gore on or were you first? Which was it?
Myles Berman: I think Al Gore. He was the one who created the internet for guys like me…
Myles Berman: According to him. What I don’t like is emailing. Communication for me, emailing… I get hundreds of emails a day.
Sam: It takes so long to type back. I’m like the peck and poke girl.
Myles L. Berman: Oh, you don’t know how to type.
Sam: No, I don’t. But it’s a lot easier to just spit out a couple of sentences and just hang up.
Myles Berman: Can you text message?
Sam: No, I don’t even have that ability on my phone.
Myles L. Berman: I know you have a cell phone.
Sam: Yes, I do.
Arsenio: Yeah, she likes to talk.
Myles Berman: I know because you call me—
Sam: Yeah, can I tell you that I have Myles L. Berman’s cell phone number, so I’m beyond the 888-4-TOP-GUN.
Arsenio: But you’re so careful about drinking. You would never have to call unless you wanted a date.
Sam: Oh, my God are you single are you married, Myles?
Myles L. Berman: No, you know I’ve been married for, it will be 26 years in December.
Sam: You know, why are all the good ones taken?
Arsenio: A threesome, I mean.
Sam: (Laughter) Yes, I’m sure Mrs. Berman will really appreciate that. Alright we have Myles L. Berman Top Gun DUI Defense Attorney in the studio Arsenio and Sam filling in for the boys Conway and Whitman taking all of your drunk driving calls. 520-9710. Well, let’s just get to the questions, Myles because the phones are lit. We got Kitty on the 405 freeway. You’re on Arsenio and Sam with Myles L. Berman. Hey beautiful.
LISTENER QUESTION: HOW LONG DOES A DUI STAY ON YOUR RECORD?
Kitty: Hi, Dear, how are you?
Sam: Pretty good.
Kitty: First, I want to say, Arsenio, I absolutely adore you.
Arsenio: Thank you.
Kitty: Of course and my favorite movie—I know this is probably corny, but—Coming To America. I love you.
Arsenio: Wait a minute, I did that movie so people could laugh and enjoy it. It’s not corny. I’m happy that I made you laugh and I’m glad that you’re sober because Myles L. Berman is here.
Kitty: I actually don’t drink. My grandmother actually died from alcohol on my birthday, so I’m an avid non-drinker. I wanted to ask Myles, what is the statute of limitations as far as when someone gets a DUI, how long does it take for it to actually come off your record and I know they recently made the DUI laws a lot stricter?
Myles Berman: To your second question, yes about making the DUIs a lot stricter. Your first question, how long it stays on your record. This is what we tell people: right now it stays on your record for 10 years; however, a few years ago it was seven years and they were trying to make it lifetime and they compromised and made it 10 years. I believe that within the next four or five years or so, it’s going to be lifetime. Kind of like the three strikes law, so it’s going to stay on your record forever.
Sam: Oh, my gosh.
Kitty: And do you specialize just in California?
Myles Berman: That’s where I’m licensed. I’m also licensed in another state but our office is—we primarily take California cases.
Sam: Your offices are in L.A., Ventura, and Orange County.
Myles L. Berman: Correct.
Kitty: Very cool, very cool. Unfortunately, my husband’s mother was murdered by a drunk driver, but because of the laws in Iowa the statue of limitations ran out and she didn’t even get a slap on the wrist and he grew up without a mom.
Myles Berman: Sorry to hear that.
Kitty: It’s just a frightening thing, but I love you guys. I’m so tickled to hear you guys on the radio. Sam, you are phenomenal. I love you, I love you.
Myles Berman: What a pleasant person.
Arsenio: Thank you for calling. Coming To America Two, we replace Eddy with Sam.
Sam: I love Kitty.
Kitty: That I would definitely go see many times over.
Sam: Oh, wow. Thank you, Kitty.
Arsenio: Tell your husband we said hello. God bless.
Kitty: I will. Bless you guys. Thank you.
Sam: I’d do her with my strap on. Yes I would!
Arsenio: Uh oh!
Sam: Pretty little Kitty.
Arsenio: The engineer’s gone nuts.
Sam: Alright, we got Myles L. Berman Top Gun DUI Defense Attorney in studio with us taking all your drunk driving calls. 520-9710. Any question you have for Top Gun DUI Defense Attorney Myles L. Berman, 888-520-9710. We got Freeman in West Covina. Hi Buddy.
DUI TESTING METHODS AND YOUR RIGHT TO REFUSE A TEST
In this section of the interview, Ventura drunk driving lawyer Myles Berman provides information about DUI testing methods. Mr. Berman discusses the individual’s right to refuse a test and punishments for drunk driving convictions after refusing to take a test. Mr. Berman also offers insight on the legal issues surrounding forced DUI testing. Read on to learn what to expect if you are pulled over under suspicion of driving under the influence.
LISTENER QUESTION: CAN YOU REFUSE ALL CHEMICAL TESTS?
Freeman: Hi, how are you guys doing?
Arsenio: Good, man. Good.
Sam: We’re just chilling, doing a little radio show, buddy.
Freeman: I just have a quick question for Mr. Berman. As far as one of the three chemical tests, I know you have the option of blood, breath or urine, correct.
MylesBerman: It used to be three. It used to be blood, breath, and urine, but because we’ve been beating urine cases so much, the state knocked it out and now it’s just breath or blood after you get arrested.
Freeman: Oh, so the urine, you don’t have that choice anymore?
MylesBerman: Not for alcohol, no.
Freeman: Okay, so my question now is are you required to take one of those two? Can you refuse both of those two tests?
MylesBerman: Well, after you’re arrested you have a choice of a blood or a breath and if you don’t take it, I mean people have the right to revoke their consent or they can refuse; however, the punishment is greater in the event that you are convicted of DUI. As well as with the DMV when they take your license the penalties are greater—for example with the DMV on the first offense you lose it for four months without a refusal. With a refusal you can lose it up to a year. Actually, you lose it for a flat out year with the DMV with no privilege to drive to and from work with nature and scope of your employment. However, having said that it doesn’t mean that just because a person refuses, they’re either under the influence or they’re convicted or lose their license with the DMV.
Freeman: Okay, I have a couple of friends that are police officers out in the Inland Empire and what they tell me is I guess the departments are kind of old school out there. If you refuse any one of the blood or breath tests, they’ll actually force blood out of you. They’ll get a few officers to hold you down and they’ll force blood out of you.
MylesBarman: You know, it’s funny you mention that. We represent a lot of police officers and a lot of police officers actually refer a lot of cases to us. It’s funny how their attitude chances when they’re sitting across from me in my office, as opposed to opposing us when they’re in court. But yeah, there are jurisdictions that are notorious for holding people down. Three or four people—cops—holding people down, sticking a needle in their arm and drawing blood.
Sam: Wow, that’s serious. Can’t you claim that’s assault?
MylesBarman: You know that’s a good theory. I never thought about that.
Sam: It’s assault. You’re being assaulted by four people.
Myles Berman: Here’s what the law is. The law is—it has to shock—the procedure… what they do, because it’s a search and it’s a seizure of the person’s body fluids—it has to shock the conscience of the court. So we have yet to find an appellate court or a supreme court that says that when the officers hold somebody down and stick a needle in their arm that it shocks the conscience of the court.
Sam: Clearly they’re not conservative courts.
Myles Berman: You know, surprisingly as the laws go on and get tougher, many conservative judges are saying that this is going too far, so that let’s you know how far it’s already gone.
Sam: Wow. Alright, we’re taking all your questions here on Arsenio and Sam. We have Myles L. Berman in the studio with us Top Gun DUI Defense Attorney. 520-9710. Or if you just want to call Myles at his office—everybody just put this number into your cell phones because you never know when you’re going to need it. It could be tonight, it could be tomorrow, and it could be Thanksgiving.
Arsenio: Hopefully it won’t be tonight but take it anyway.
Sam: It’s 888-4-TOP-GUN, again, 888-4-TOP-GUN or you can check out his website, topgundui.com, right Myles?
Myles Berman: That’s correct.
Arsenio: Does Tom have that? I don’t know. Yeah, I don’t know if Tom can say it as good as I did.
Arsenio: Because friends don’t let friends plead guilty!
Sam: (laughter) Alright we’ve got Louis, in Ontario—and we have full phone lines for you Myles, just to let you know.
Myles Berman: Oh, thank you.
Sam: It’s not every day that happens. Alright, Louis, you’re on Arsenio and Sam filling in for the boys Conway and Whitman and we have Myles L. Berman taking your questions.
LISTENER QUESTION: I GOT A DUI WITHOUT DRIVING… HOW DOES THAT WORK?
Louis: Yes, hi. Thank you for taking my question. I got a question. I got arrested two weeks ago. I went to a club and yes, I was drunk, but after the club I decided that yes, I was drunk and I just went into my car and sleep. An hour later the police came and they saw me and bottom line is an hour later I got a DUI. How does that work?
Myles Berman: You know, it’s interesting and sad at the same time. First of all, obviously, give us a call tomorrow at 888-4-TOPGUN. I can say that pretty well, too.
Sam: Yeah you can. I think you can say it better than all of us.
Myles Berman: No, no. You guys say it great. It’s fine. Here’s the thing: you still are being prosecuted for DUI. They can put a DUI on you. But you think about it logically, here is a gentleman who realizes—who believes he may be impaired. And by the way, whether or not somebody is impaired, and whether or not the government can prove that somebody is impaired or under the influence are two separate concepts. In your particular case, right off the top of my head, there doesn’t appear to be any evidence of driving other than what you say, or what you told the police, but without getting too much into detail. Somebody goes out, they realize, “You know what, it would be safer to pull over and sleep it off on the side of the road.”
Sam: That’s being responsible and you’re being punished?
Myles L. Berman: It’s absolutely being responsible but the cops, they don’t care about that because they’re looking for—
Sam: Do they have a quota?
Myles L. Berman: You went right to where I was going. They have numbers.
Sam: I knew it. They always say that they don’t.
Myles Berman: You can start with checkpoints. Now were going to have a ton of checkpoints in the next three or four days, or whatever it is between now and Sunday night. These checkpoints are funded by local state and federal government. They need to have results in order to justify the checkpoints. The more arrests they have the more justification they have for this particular checkpoint and future checkpoints. So yes, they got to show results. There are other police officers that have individual quotas for themselves because they like to get awards and they like to get recognized, and most importantly they get paid overtime when they’re off their shift and they process a person or they testify in court. As everybody knows most DUI cases occur during the nighttime hours; however when they testify in court, it’s the daytime hours and they get time and a half. We’ve had cases where the officer is making anywhere between 30 and 40 percent of his income on overtime. So it’s big business for everybody.
Sam: I was going to say, it’s a racket. It almost sounds like a racket.
Myles Berman: It is. It is.
Arsenio: Myles, you’ve become kind of famous in your world, when police stop you, do they know who Myles L. Berman is? Have you ever had a confrontation like that?
Myles Berman: You know, I haven’t been stopped—knock on wood. I probably will tonight if they know where the station is located. I mean I’ve got plenty of people who can attest that my speech isn’t slurred. I may have an accent, but it’s not slurred. And I get along very well with police. When I see them socially… I support my local police department. I support other police departments. You know, the police are there to protect all of us. I don’t want any drunk drivers on the road. They know that I’m doing my job. I know that they’re doing their job. Nothing is personal. I lecture to police officers. Many different police departments come and I have mock trials and participate. I show them how to testify better in court. It actually makes it a little bit easier for us if they know what they’re doing because we can get right to it because the bottom line is, field sobriety tests—Arsenio, have you ever seen anybody driving down the street with their eyes closed, their head tilted back and they’re trying to touch their finger to their nose?
Myles L. Berman: How about you, Sam, have you ever seen anybody, while they’re driving—
Arsenio: Oh! Stevie Wonder one time! It was in a parking lot. We were just joking around.
Sam: I tried it once but I was stoned.
Myles Berman: There’s no connection between field sobriety exercises and being under the influence of alcohol, so we have nothing to fear by teaching officers how to testify correctly in court.
Sam: Alright, so we had Louis in Ontario. Buddy, my suggestion to you, my friend, is to call 888-4-TOPGUN, okay? 888-4-TOPGUN. Call that number tomorrow, Louis, alright?
Louis: Okay, thanks.
Sam: We appreciate the call.
CONTACT MYLES BERMAN FOR MORE DRUNK DRIVING LEGAL INFORMATION
For additional information about DUI defenses or other topics covered in Mr. Berman’s interview, contact his offices in Los Angeles, Orange County, and Ventura County. The experienced drunk driving attorneys on his team can review the circumstances of your specific case with you to determine the best course of action to pursue.
BLACK AND WHITE FEVER, FREE TURKEYS & DESIGNATED DRIVER AWARDS
At this point the group discusses some of the less serious issues surrounding DUI and its prominence in police organizations and the minds of police-weary drivers. The idea of an award for designated drivers who keep people from driving under the influence in California is discussed, as well.
Arsenio: So police never pull you over and just tie you up for fun, and try to take the fluid out of your body? “It’s Myles! Let’s get some fluid! Come on!”
Myles Berman: No, I’m actually a pretty good—well, I say I’m a pretty good—I used to be a pretty good driver. I’m getting worse as I get older.
Sam: Do you need glasses?
Myles Berman: Not to drive, no. I’m fine but it just seems like everyone is passing me by nowadays.
Arsenio: I got stopped one night. One night they stopped me for going too slow.
Sam: No they didn’t
Myles Berman: I can understand that.
Arsenio: They thought that something was suspicious because I was actually doing a little bit under the speed limit.
Sam: Well, you know sometimes when you’re really, really drunk and you get behind the wheel of your car, you’re extra careful about driving and you end up driving in slow-mo and you can still get yourself caught.
Arsenio: You ever see a station wagon behind you and that luggage rack and ski rack that looks like a cop? Are those lights, or are those suitcases?
Myles Berman: You know what that’s called? That’s called black and white fever and this isn’t a racial kind of thing.
Arsenio: No, but I have that, too. (laughter)
Myles L. Berman: I know you sometimes get into that, so let’s get into that!
Arsenio: I have black and white fever. I’m afraid of cops.
Myles Berman: Black and white fever is when you have a squad car behind you and people get nervous when there is a squad car behind you. And police know that when they pull behind somebody and they’re following them, that the person is going to make some kind of mistake. It’s just the way it is.
Arsenio: I also have black and white jungle fever, which means I like white cops. (laughter)
Myles L. Berman: In the right kind of case we might be able to use that.
Arsenio: Let’s jot it down.
Sam: Write it down.
Arsenio: Put it in your legal briefs. Hey, put your pants back on!
LISTENER COMMENT FOR MYLES: ROB SHARES HIS COMMITMENT TO BEING A DESIGNATED DRIVER
Sam: Top Gun DUI Defense Attorney Myles L. Berman in studio with us. Arsenio Hall, Sam Phillips filling in for the boys Conway and Whitman, taking all your DUI calls. 520-9710. or just call the offices. There are offices in L.A., Ventura and Orange County. That number is 888-4-TOPGUN. 888-4-TOPGUN. More calls for you, Myles. There’s just so many. Rob in Santa Monica you’re on Arsenio and Sam with Myles L. Berman. Hey buddy.
Rob: I was just calling to say that if he’s giving turkeys away for people that pass the sobriety test, I’ve done designated driving in high school and college for my friends and I always made sure they got home safe. When they told their parents they were going to go drinking and they asked who was driving and they said Rob, they said they didn’t care what time they got home. And they’d get home safe, 5 o-clock in the morning.
Myles Berman: That’s a good friend. That’s a real good friend.
Rob: Well, that’s what made me get my license is one of them I didn’t go with and he got killed and I go my license shortly after that and made sure my friends were protected. So what are designated drivers getting these days? Are they going to get a turkey, too?
Myles Berman: You know, I don’t know of any—why don’t you give Mothers Against Drunk Driving a call and see if somehow they can give awards to designated drivers. I mean, they would be very good at that. They know how to promote safe driving. As a matter of fact it’s because of groups like Mothers against Drunk Driving, and I take my hat off to them. They know how to put the squeeze on legislature and Congress. Legislatures throughout the country and the US Congress and that’s why the laws are getting so tough. The federal government is withholding money to the states unless the sates comply with the federal guidelines. And that is .08 for every state in the union and finally I think that every state in the union has .08 as the legal limit.
Sam: Hey, Myles, what about the celebs that are getting busted for DUI. They’re like in and out of jail in minutes, hours… why?
Myles Berman: It’s interesting…
Sam: Like Lindsay and Nicole Ritchie—what is going on and how come that doesn’t happen to the average everyday person?
Myles Berman: First of all, it does but I think the celebrities have had a tremendous string of bad luck lately, but every time a celebrity gets arrested for DUI—
Sam: Why don’t they call you?
Myles L. Berman: You know, I do get calls.
Sam: Okay, good.
Myles Berman: Often times celebrities—there’s this—and I don’t know why but the people around them tell them they should go into court and plead guilty and somehow that will help your image with the public… take responsibility, etc. Paris Hilton is a perfect example. She should never had pled guilty on her first DUI. That stuff never would have happened. I don’t believe there would have been a jury that would have convicted her because—based on the evidence, at least, that I saw. But, nevertheless, she ended up pleading guilty and it really exacerbated the problem, what ended up happening afterwards. But I don’t talk about the celebrities that we’ve represented unless—
Sam: Clearly, because of confidentiality and what not. So if you’re a celebrity and you want Myles L Berman’s number and you’re going to be busted for a DUI, put this into your cell phone. It’s 888-4-TOPGUN. 888-4-TOPGUN or go to topgundui.com and check out Myles’ blog. Where are the checkpoints that they’re giving away turkeys, again?
Myles L. Berman: In Salinas, California.
Myles L. Berman: Yeah, so if anybody wants a free turkey and I think it may have happened already.
Sam: So if you pass a checkpoint and you’re not drunk, you get a turkey.
Myles Berman: Yes.
Arsenio: But we should check the date.
Myles Berman: It’s either yesterday or today. I think it was tonight. So, I don’t know how they came up with that idea but—
Sam: I like the chicken if you run. And they’ll throw it at your car.
Myles Berman: Yeah, if you don’t go through the checkpoint and you chose to exercise your constitutional right and take the turn off, you should get a chicken.
LISTENER QUESTION FOR MYLES: CAN YOU REMOVE A DUI FROM YOUR RECORD?
In this section of the interview, Myles L. Berman answers a question from a listener in Los Angeles who asks if a DUI conviction can be removed from your record. Myles discusses the option of expungement and how an expunged DUI conviction affects your driving record. Many professions licensed by the state, including doctors, lawyers, emergency medical technicians (EMTs), teachers and others can be severely impacted by DUI conviction.
Sam: Yeah, I dig that. Okay, we have Eddy in L.A. You’re on Arsenio and Sam with Myles L. Berman in the studio with us.
Eddy: I have a question for Myles. I have two DUIs already and I was just wondering if there is any way to get them off my record.
Myles Berman: You’ve been convicted on both?
Eddy: Yes I have.
Myles Berman: Yeah, there’s ways to get the convictions off a criminal record. Give us a call tomorrow at 888- what’s that number again?
Sam: 4-TOPGUN. 888-4-TOPGUN.
Myles Berman: Oh, I love the way you say that.
Eddy: I’ve got that written down a bunch of times already.
Myles Berman: There’s a procedure to go through. It’s called an expungement. It will stay on your DMV record. It will stay on your driving record.
Eddy: Well, the reason I ask you is because I was going to school to be an EMT and I can no longer do that now.
Myles Berman: Yeah, see this is the problem. We get people who either want to be police officers, or EMTs, or doctors, or lawyers, teachers… anybody who is licensed by the state and it’s a big problem.
Sam: It ruins your record.
Eddy: It did ruin my record, let me tell you. I went through so much for those DUIs, you’ll never know.
Myles Berman: It changed your life. I mean, it ruins other people’s lives.
Eddy: It definitely ruined my life.
Myles Berman: You’re on the beginning end but there are people who are working 20 years, 30 years. Making great money, having great jobs and they get convicted of DUI and boom, there it goes…
Sam: They lose everything.
Myles Berman: … The house. Yeah, it’s horrible.
Sam: Your wife. Your kids.
Eddy: I don’t have any kids, but…
Sam: There’s still time, Eddy.
Eddy: I hope not.
Sam: Then none for you, my friend.
Arsenio: By the way, if you’re drunk, you’re less likely to have a kid.
Sam: Really? You think? Because if you smoke pot I think you have more chances of having a girl.
Arsenio: I think that if you’re drunk you just end up falling asleep and you never get to capitalize on… It’s like, “I’m going to tear it up, baby,” and then (snoring sounds).
Sam: We’re taking all your DUI questions. We have Top Gun DUI Defense Attorney Myles L. Berman. Arsenio and Sam filling in for Conway and Whitman. 520-9710. David in Orange County, you’re on Arsenio and Sam with Myles L. Berman.
HOW A DUI LAWYER CAN PROTECT YOUR RIGHTS
If you are charged with driving under the influence, a DUI attorney can help defend your rights and ensure that your case proceeds in a timely manner. In this section of the interview, Ventura drunk driving attorney Myles Berman explains the importance of experienced legal representation to a caller and discusses how long a DUI conviction can remain on an individual’s record. Read on to learn more about California DUI laws and how to protect your rights.
LISTENER QUESTION: IF YOUR DUI CHARGES ARE DROPPED OR ACQUITTED, IS YOUR DRIVING RECORD CLEARED?
David: Hey, how are you guys doing? I just wanted to call, I had a question. I was detained for DUI about a year and a half ago. The case was dismissed but the DMV had already found me guilty and I wanted to know if there is any way I can get that off my record.
Myles Berman: Did you have a lawyer represent you?
David: Yes I did and I don’t know what happened. The papers never got filed to appeal with the DMV before the deadline.
Myles Berman: Yeah, you were not lawfully arrested. What happened in your case—and you shouldn’t have lost at the DMV—what happened in your case was that you were arrested and then sometime after you were arrested, there was a problem with the case, the cops didn’t want to get sued so they reviewed your case and they determined what transpired to you was a detention, not an arrest. Then you got a letter that indicating that it was a detention, am I correct so far?
Myles Berman: Okay so, one of the issues with the DMV is that you were properly placed under arrest for driving under the influence, so if the cops are saying that you weren’t arrested—you were detained—then they shouldn’t be able to meet that… the DMV shouldn’t have been able to meet that element. Then you had a year to reopen. So I don’t know if your year has passed or and it sounds like it may have and this is why it’s so important that when somebody gets arrested for DUI that they hire the best DUI lawyer they can find.
Sam: Like Myles L. Berman, Top Gun DUI Defense Attorney
Myles L. Berman: Well, that would be nice. Realistically, you know, we’re not for everybody. We don’t represent everybody.
Sam: And there is only one Myles. I mean how can you represent all of LA?
Myles Berman: I got a great team. We got a tremendous team. But what you just told me is basic. Anybody who knows DUI and does this on a regular basis would know what I just told you. So, sometimes the lawyers just don’t know and they do the best they can with what they have. That’s why it’s so important that people get the best.
David: How long will it be on my record, then?
Myles Berman: It will stay on your record with the DMV for 10 years until they change it to lifetime.
David: It took place before the law changed to 10 years from seven.
Myles Berman: Doesn’t matter. Everybody now is 10 years. It was seven and now it’s 10. It was five, then seven, now 10.
David: So there’s nothing I can do to get it off?
Myles Berman: At this point probably not.
Sam: But you can, David, call The Law Offices of Myles L. Berman. 888-4-TOPGUN. 888-4-TOPGUN. Go ahead, Arsenio. I didn’t want to cut you off.
Arsenio: I notice certain callers you look at where they’re from. Does that matter as to what advice you give?
Myles L. Berman: No. (laughter) I’m being nosy.
Arsenio: What were you doing over there?
Myles L. Berman: I was actually looking at the subject so I could get a better feel for the caller. So I can be prepared when the caller calls. It’s called preparation. That’s why we’re so good at what we do, Arsenio.
Arsenio: Let me ask you another question. Does George Bush have a DUI?
Myles L. Berman: He used to.
Arsenio: He got expunged?
Myles L. Berman: I have no idea if it’s still on his record but for all intents and purposes it is. The whole world knows about it. But you see that’s one example where a DUI will not actually ruin your life. You can get a DUI and grow up to be President of the United States.
Sam: Alright, we got Phil in Agora Hills. You’re on Arsenio and Sam filling in for the boys Conway and Whitman with Top Gun DUI Defense Attorney Myles L. Berman in the studio. Hey Phil.
LISTENER QUESTION: IF YOU REFUSE FIELD SOBRIETY TESTS, ARE YOU ADMITTING GUILT?
Myles answers questions from a listener named Phil who was arrested for DUI and was told that refusing field sobriety tests is tantamount to admitting guilt of driving under the influence. Myles also Discusses police audio and video recordings of DUI questioning and arrest by an officers. Is this a sure bet that you will be busted? Read on…
Phil: Hi Myles. Quick question for you. I was arrested about a year ago for a DUI. I was actually below the limit but I was driving very fast and so they decided to arrest me. But that’s not my question. My question for you is this: I had an attorney explain to me that if I ever refuse a field sobriety test, then legally I’ve admitted guilt. Can you please explain that to me and tell me if that’s true and what you would recommend?
Myles L. Berman: I’m not quite sure what your attorney is talking about because that’s just not the law as I understand it. If a person refuses and you go to trial, then the state will want to introduce what’s called a jury instruction that it’s a conciousness of guilt when a person refuses a chemical test. However, okay… so what? That doesn’t mean a person is guilty just because they refuse a test. You have a constitutional right not to give incriminating evidence against yourself. If the state wants to prosecute you for refusal, the DMV wants to take your license because of refusal. You know that there are greater consequences in the event that you do refuse. But in answering your question, “what do you do,” or, “what advice to you give.” I assume you’re talking about when you get pulled over for DUI. You don’t have to do the field sobriety tests. They’re completely voluntary. If you’re older than 21 you don’t have to take the portable breath test machine. You have to be aware that the cops often times—and I think this is sneaky and I don’t think it’s fair—that the cops often times have audio tape recorders on their bodies and are tape recording everything that you say.
Sam: Wow. I didn’t know that.
Myles L. Berman: Now having said that, it doesn’t mean that it hurts you because often times what the cop testifies to and what’s on the audio tape, or for that matter video tapes—the LAPD just ordered a bunch of video tapes. We love it. We’d love to have all of our cases video taped because 9 out of 10 times you’ll see that the person is speaking clearly, he’s doing the field sobriety exercises just fine, he’s not having any difficulty in almost every case where there is a video tape or an audio tape, the evidence the cop testifies to in trial is completely opposite to what’s contained on the audio or video tape.
Sam: Thanks, Phil, for that call. Okay we’re taking all your calls for Top Gun DUI Defense Attorney Myles L. Berman. We’re going to here on Arsenio and Sam filling in for the boys Conway and Whitman. To get on air with us: 520-9710. Or maybe you just want to call the offices of Myles L. Berman. That number is 888-4-TOPGUN. 888-4-TOPGUN, with offices in LA, Ventura and Orange County. Quick break here on 97.1, Free FM. The FM talk station.
CONTACT VENTURA DRUNK DRIVING DEFENSE LAWYER MYLES BERMAN
The Law Offices of Top Gun DUI Defense Attorney Myles L. Berman provides aggressive representation for individuals who have been charged with DUI. With convenient offices in Los Angeles, Orange County, and Ventura County, his team of drunk driving lawyers serves areas throughout Southern California. Contact the DUI lawyers at his offices to schedule a case review.
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