Myles L. Berman® Interviewed By Frosty, Heidi & Frank About Upcoming Holidays Enforcement
Host: When you put it like that, a ridiculous amount of talent that was lost in 2016, you know what I really can’t imagine 2017 is going to be any better. It wasn’t 2016, it was just time that catches up with us all and we are going to be celebrating 2017 very soon. So I want you all to be safe and sound and I want you all to drive home safe. So be sure and call Uber or Lyft or I mean this is not endorsement for those guys. This is, I want you all to come back to 2017, so we’ve got another year of fun. Did I see Myles over in the hallway real quick? Is Myles out there/ get Myles in here real quick. We are running out of time, we’ve got to get the CHP in here to give us another Breathalyzer. Myles, where’ve you been man? Myles L. Berman. Myles why do you look younger every time I see you? He shaved his mustache.
Myles Berman: I did.
Host: This is the first time I’ve seen you without a mustache.
Myles Berman: I know. For someone to go publicly without it, I’ve got to change everything.
Host: My Dad had a mustache his entire life and when he shaved it off, he was like a different man. I was like what is it about Myles? It’s insane. You look 10, 20 years younger.
Myles: Thank you, yeah. Some people are saying.
Host: Myles, God Forbid, someone does get pulled over, they shouldn’t have been driving but they were, they need to call you, why is that?
Myles: well, because we know how to fight and win DUI cases both in court and with the DMV. We’ve been doing it for decades, so and especially with this time of the year, where there are a lot of checkpoints, a lot of DUI enforcement, we are needed now more than ever. So I guess people know to call 888-4-TOP GUN just in case something happens.
Host: Oh, it’s in their phone, they’ve got it.
Myles: You’ve got a great audience.
Host: we are not encouraging you to go out and drink and drive, obviously, we are not doing that today but have Myles L. Berman’s number in your phone. 1-888-4 TOP GUN, topgundui.com is his website, @MylesLBerman on Twitter. He has been a longtime friend and fan of the show and big supporter of the program and a genuinely nice guy. I mean he knows how DUIs can ruin people’s lives and representing the guy who like had a couple of glasses of wine with dinner and things went south and things happened. I was talking to CHP earlier, they said, it might not be your fault but you were driving home and got into an accident and because you had some alcohol in your system, that comes into play. So don’t always think about yourselves, think about others that are out there as well and Myles L. Berman is here to help you out in any situation you have.
The law gives you certain rights and protections and if you are a social drinker, if you do drink and you do drive, you need his number in your wallet. Call Myles L. Berman, what is it?
Myles: 888-4-TOP GUN
Host: Write it down. Stick it in your billfold. So your function is to help people who have protection under the law in circumstances where the law is there to protect you. Call Myles first.
Myles: Yeah. A DUI conviction actually can be devastating. I mean people can lose their job, their freedom, their reputation and as more time goes on, the penalties get tougher and not to mention, with marijuana being passed in California, there will be more DUI drug cases as well which we’ve been doing for a long time as well.
Host: I think that the Breathalyzers that we are getting today from the CHP is part of the investigation, maybe we are investigating, we are talking to you and you don’t have to talk to them. You can sit in your car and wait. You can refuse that Breathalyzer machine they give you out there in the field.
Myles: If you are older than 21.
Host: If you are older than 21, all the other tests for sobriety. Now if they do take you down to the station and the official big machine, the Breathalyzer is there, if you refuse that, what happens?
Myles: The penalties can be a lot greater with the DMV. Simply on a first offense, you can lose your license for a year. I mean there are issues and there are ways to defend those types of cases but you can’t even get a restriction on your first offense refusal. Like I said, the penalties can be greater, but on the other hand, there is lots of evidence in court. I’m not suggesting that people do or don’t take the post arrest breath test, it’s just that you have a right to refuse it and the courts have upheld that but then, now they can go get warrants to draw your blood and they have to have a warrant to draw your blood I a misdemeanor DUI.
Host: In cooperation or encouraging cooperation with the police, the CHP, the LAPD, whoever it might be, but you do have a right to refuse that test, refuse that field sobriety test and take it downtown to the police station and call Myles L. Berman on your way down here and say hey, I’m going to call Myles.
Myles: It’s probably better after they get out because their hands may be a bit occupied
Host: You can’t get your hands in your pocket to grab your phone because you probably have a little chain in between them. Myles, let’s say it was a stupid decision to drive when I shouldn’t have. I’ve been pulled over. Let’s say I did take the Breathalyzer test on the roadside. They took me downtown, they booked me. I took the Breathalyzer there. Can you still help a person like that or at that point?
Myles: You are talking about when they are on the street or
Host: they are taken to the station, they took the Breathalyzer on the street and at the station and you are over the limit, is there any hope for that person?
Myles: Of course. Of course, breath testing isn’t an exact science. It’s calibrated to assume everybody has the same physical characteristics which isn’t true, not to mention that he breath test, the one done back at the jail doesn’t mean for sure that’s what their alcohol level was at the time of driving even assuming it’s accurate which is very rare if it’s accurate, in our opinion. So yes, there is a lot that can be done.
Host: Thank you so much Myles for coming on the show. Myles L. Berman 1-888-4-TOP GUN, topgundui.com, @MylesLBerman where he posts the checkpoints. He always does that and we always retweet him. So stick that number in your billfold. Don’t drink and drive and God Forbid, if something happens, you need to call this guy. Thank you Myles, we are going to take a break and come back and we are going to get our Breathalyzer tests from the CHP right now. For us let’s see, 6 drinks down, I’ve got 5 and Heidi’s got four and a half. Technically you, according to the ratings are the drunkest drunkard. I am the drunkest of all at 0.057. We’ll find out where we are when we come back. We are Frosty, Heidi & Frank.
Description: Attorney Myles Berman has discussed upcoming holidays enforcement related to DUI in the state of California.
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