Myles L. Berman Guest On The Heidi And Frank Show – Part 2
Host: Tis the season to tip them back. It’s a holiday, New Year’s Eve coming up. We have a lot of people out here on New Year’s Eve and he is going to be out there as well as the cops are going to be out there looking for people who are drunk driving. With us today on the show we have Top Gun DUI Defense Attorney Myles L. Berman. He’s been a big guest of the Heidi and Frank Show for a very long time. It’s great to have him on. We are going to take your calls. If you have any calls or any questions about DUIs, if you’ve had them or if you. The crowd loves this guy. Good Lord!
Myles Berman: Good job, guys.
Host: That’s the first time they’ve clapped on our show and I’ve had some zingers. Two and a half hours in and Myles gets the standing ovation. Let’s go to Tim on Line 1. Hello Tim.
Tim: Hey guys. How are we going?
Host: We are good. Say hello to Myles.
Tim: Hey Myles.
Myles Berman: How are you doing, Tim?
Tim: Pretty good.
Host: What’s your question?
Tim: Yeah. Thanks for taking my call. This was a few years back. In 2008, I was still living in Santa Barbara and I was coming home late from a friend’s house after the bars closed and I was bicycling home and I got pulled over. I refused to do any of the sobriety tests on the street there so they wrote me a ticket for BUI and not having a light
Host: What did you say? BUI? You can get a BUI?
Tim: Yeah. Bicycling under the influence.
Host: Yeah, I understood that
Myles: It also stands for boating under the influence too but in this case, bicycling.
Host: what were you doing wrong when they pulled you over, Tim? Was it the whole no light thing that they originally stopped you for?
Tim: That’s probably what attracted them. It might have been me going the wrong way on a one way street
Myles: Were you in downtown Santa Barbara?
Myles: And it was during a school year?
Tim: No. it was summer time
Myles: Summer School
Tim: But it was 3:00 in the morning and the place was a ghost town. So anyway, they were nice enough to put my bike in the trunk and drive me home, drop me off. Anyway, short story long, they were supposed to mail me something, I never received anything. I guess I didn’t. I failed to appear in court and just this last month, my driver’s license needed to be renewed and I couldn’t do that until I got this little issue cleared. So I’m due in court up there next week and I’m wondering if there is any advice you can give me?
Myles: Sure. I would call 888-4-TOPGUN. It will be live after 8:30. You obviously need to fight the case and see what you can do to avoid a conviction. I mean you have that right. Everybody has the right to defend themselves and they should defend themselves and not throw themselves at the mercy of the court. So I want to know did they take any kind of breath test or what?
Tim: No, I refused all that in the field and you know.
Host: If you are under 21? I’ll take a breath test spicy, extra celery. You have 3 hours.
Myles: Not a Bloody Mary Test. A blood test.
Host: If you are under 21, you don’t have any of those, right?
Myles: It’s zero tolerance. So if you are under 21, you have to take a portable breath test and
Host: Tim, were you 21?
Tim: No, I was 24 and after the refusal, I was actually never arrested. They didn’t put me in handcuffs, they didn’t read me my rights
Myles: So that’s considered an arrest when they cited you and usually people who are stopped for being DUI they are put in cuffs and brought to the station but sometimes it happens where they are released right there on that scene.
Host: yeah. They drove you home. They put your bike in their trunk. Is it a small bike or a really big trunk?
Tim: A Beach cruiser.
Myles: You are really lucky though. Your license has been suspended since 2008 because you didn’t appear in court or 2009, whenever you had to go to court. So you are really lucky that you didn’t get stopped between then and the time that you took care of that.
Host: because there would have been a warrant out for your arrest. Clearly you could have avoided that by having one of these old time bikes with the giant wheel in the front and the tiny wheel in the back and you just drove by and they are thinking that guy can’t be drunk. There is no way you can write those things. Thank you so much Tim. Let’s take some more calls for Myles L. Berman, the Top Gun DUI Defense Attorney. Let’s go to Dave on Line 5. Hello Dave.
Dave: Hey, how are you doing?
Host: You are on with Myles.
Dave: You guys rock. Hey listen, I just wanted to make sure everybody knows unless I’m mistaken but even if you blow a 0.06, you can still be cited, right?
Myles: Yes. As a matter of fact, I’ve seen people prosecuted as low as a 0.03. Now the 0.08 level,
Host: That was a drunk baby. What the heck? 0.03?
Myles: Yeah. He was arrested, he was cited and when we went to court, the prosecutor said you shouldn’t be drinking and driving. We ended up, the charges were dismissed but the bottom line is that law enforcement and prosecutors are very aggressive on these cases. So being prosecuted for a 0.06 wouldn’t be unusual or a 0.07 because you have two charges when you are arrested for a DUI and there is a chemical test or a breath test or a blood test. Driving under the influence of alcohol and driving with a 0.08 or greater. Now think about it logically. If a person refuses a breath test so that they don’t have a result but they still get prosecuted for a DUI even without a result. So people don’t usually connect those two but once you hear that, you realize that they can prosecute you even under a 0.08. So just because they don’t have a 0.08 or greater doesn’t mean that you are not going to be prosecuted.
Host: If there is a smidge or just a hint in your system, you can still be prosecuted.
Myles: yes, but being convicted, that’s a whole different ball game.
Host: But you don’t want to go through the whole thing. But that could go back to you drinking that one beer stopping at a buddy’s house, dropping something off and having a beer and go alright. Take care, I’m heading home and you are like I had one beer. I probably incidentally had that beer. It’s like I go to a buddy’s house, we pull out a cold one, we sit there and chit chat while we drink the beer. I hope in my car and I go around the block and I get pulled over? I just drank that beer. You are not drunk. You had one beer.
Myles: It’s a common mistake for people to think that if they are under a 0.08 that they wait to go to court. The best thing to do of course, is call 888-4-TopGun and ire a DUI lawyer as soon as you possibly can. Even sometimes, under a 0.08, the police take steps and notify the DMV when they shouldn’t that the person was arrested which could trigger a potential suspension either a 4 months suspension. These cases could be a nightmare, people have a lot to lose
Host: How long does it stay on your record?
Myles: Now, it’s 10 years.
Host: Don’t worry, yours has dropped off. Has mine dropped off yet, Myles? He is not at liberty to speak about the case.
Myles: We can talk about it or you talk about it, I don’t talk about it. So I don’t know what you are referring to.
Host: Your secrets are safe with Myles L. Berman Did I dream this physiology wise. Did I dream that if you have a full bladder, you can’t absorb any more alcohol in your system and then if you pee that’s when you start absorbing alcohol again? Does it work like that/ is this Dr. Berman? I don’t know if I dreamt that or heard that but at some point, you’ve got to go. It’s a long movie and you’ve had the giant drink and you are like I have to sit here and force it. It’s like you start hurting because you are not absorbing any alcohol because your body can’t because you can’t produce any more waste.
Myles: It’s interesting. On the other hand, if your bladder is full of beer, I don’t know if that necessarily can help you but
Host: If I’m in there filling pitchers, what’s a sample teacup? It looks like Oktoberfest when I walk out. There’s 8 pitchers of beer in my hand. Yo, have to been drinking, got to be dehydrated.
Myles: yeah. I haven’t heard that.
Host: I might have dreamt that. Keep his number handy
Myles: I certainly didn’t dream it. I heard it
Host: Thank you for coming in Myles. Top Gun DUI Defense Attorney. The right is never done if you need it. You may need it but hopefully you never do. 888-4-TOPGUN. Myles L. Berman. Thank you so much for coming in
Myles: Thank you and it’s great to see you guys here and you are doing a great show and I’ve been listening since I think September 4th and many years to come and the audience is very lucky and I’m always very lucky to have you guys.
Host: Thanks Myles. We have to get back to that. What is the next big drinking holiday after this holiday season? Is it Valentine’s Day?
Myles: St. Patrick’s Day
Host: There is the First Wednesday of the New Year and in May there is what? There is Memorial Day, right? Yeah. So you have to come back then because we are thinking of maybe doing a drinking show.
Myles: That would be great.
Host: Have the cops in here and we’ll see after like one or two beers, what comes up when we blow into stuff like that
Myles: That would be great, cops. We get along very well with cops.
Host: Thanks Myles.
Description: Top Gun DUI Defense Attorney® Myles L. Berman® interviewed on 12/20/12 by Heidi & Frank on KLOS 95.5 FM in Los Angeles about Holiday and New Year’s DUI enforcement and checkpoints.
Myles L. Berman® Is Known As The Top Gun DUI Defense Attorney® For All Of Los Angeles, Ventura, And Orange County.
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