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Top Gun

Myles L. Berman® On Frosty, Heidi And Frank Webcast


Transcript:
Host: Have you been drinking since the sun came up like pretty much everybody in this room? Yeah. You need this guy who has joined us on the stage here who doesn’t like Lake Forest and watching online with KBC.com and keyword webcast. It’s Myles L. Berman, Top Gun DUI Defense Attorney who has always been a huge supporter of Frosty, Heidi and Frank.

Berman, Berman (chanting continues). No seriously, we’ve just started on 97.1. Myles was our first actual endorsement that ever came on 97.1 and now he is back with us here and he is supporting our website. Myles is undoubtedly a friend of the show and it’s good to have him back on with us. Welcome to KABC Myles.

Myles Berman: Thank you. It’s great to be back and it’s greater to see the 3 of you in front of 3 microphones at the same time on such a major station. It’s good stuff

Host: With no bars, no prison bars between us which is how you normally see us. Plexiglas talking on the phone. No prosecutors, just us.

Myles Berman: It’s great and the audience found you. Not only on the radio but they also found you here as well, on this, looks greater than what you’ve done in the past.

Host: You know what? Myles, they are, and we’ve said it before and we’ve said it any time we’ve gotten on stage or on Facebook or whatever, they are the most loyal diehard fans on the planet. There is no better fan than the Frosty, Heidi and Frank fan. None. And I would say, the most drunken fans. We like to party, don’t we?

Myles: I think the people here have been drinking not since morning but since last night.

Host: They haven’t even been to bed yet. They woke up drunk. Some since the 90s.

Myles: I wouldn’t be surprised, you guys are so well known although I was flying to get in here but I wouldn’t be surprised if there were some checkpoints or police hanging around. So be careful.

Host: You know someone told me when I was reading my Facebook comments that in this area of Lake Forest, there is a concentration of police who do set up checkpoints and watch for people leaving bars, leaving restaurants

Myles: Yeah, that’s a common thing that police officers kind of hang out and patrol areas where they think that people are drinking and driving.

Host: Is that legal Myles? They can watch people leaving bars?

Myles: Yeah that’s legal but it’s very difficult to be driving without coming up with some type of violation of the vehicle code. So I mean it’s always good to have someone as the designated driver. I mean that’s really the best way to do it.

Host: When people are driving and they have a couple of beers and they are like I’m going to go out and have two beers and then I’m going to drive home and I’ll be cool. What you don’t think about is what if you happen to get into a fender bender if you would have been sober. All of a sudden, you have beer on your breath and so automatically you are at fault. That’s what I have noticed and I am like I can drive. If I get into an accident because of somebody’s mistake I’m automatically in the wrong because I had a couple of beers.

Myles: Yeah that could be a problem. Could we take an informal survey?

Host: Yeah.

Myles: Alright. Let’s have a show of hands. How many people actually know what their alcohol level is right now?

Host: Oh Wow.

Myles: Actually I forgot that I’m on radio. Let’s hear by applause, by a show of hands, how many people know what their alcohol level is?

Host: Yeah. About a third and a fourth of the room.

Myles: How many people think that they are over a 0.08? Most of the room.

Host: I love it. They are so proud.

Myles: How many people did even hear the question?

Host: No I know that was one of the shocking things that we found out when we were doing the drinking shows back in the day and we’ll do another one when Myles will come in and everything that we always go out for dinner and go out for sushi and we have some sake and some beers and you think I’m fine, I’m fine to drive and when you do that Breathalyzer test and you are like seriously, I’m not buzzed, I’m not spinning, I fell completely fine and relaxed and you are legally drunk and you don’t know it and that’s what’s scary.

Myles: The police or the prosecutors may think that you are legally drunk but just because you are charged with a DUI doesn’t mean you are going to be convicted.

Host: Exactly and the thing that I learned from Myles L Berman was that you don’t have to do the field sobriety tests. Right?

Myles: Yes, that’s true. Does anybody here not know that you don’t have to do the field sobriety tests and it’s completely voluntary?

Host: They ask you to do that touch the nose thing and you don’t have to do that.

Myles: This is a loyal audience that’s been listening to you guys for years and see…

Host: Myles, if you don’t do the field sobriety tests, what are the consequences? Do you lose your license?

Myles: No. Field sobriety tests, especially if you are older than 21, there is nobody here who is under 21, I’m sure.

Host: wink wink

Myles: You have to take a portable breath test but if you are 21 or older, you don’t have to take the field sobriety tests, you don’t have to tell them where you are coming from or where you are going to and you don’t have to blow into the portable breath test machine before you are placed under arrest and we, in our practice have tremendous difficulty accepting the accuracy of the state’s breath testing machines. Quite the contrary we have found that they are oftentimes very inaccurate. Just to give a quick example, how many people for a show of hands here have been arrested for DUI? Not that many which is very good. Alright. If you’ve had like a 0.10 and a 0.12, it sounds like it’s pretty bad and it’s over the legal limit but it’s scientifically impossible to go from 010 to a 0.12 in two minutes. So just on the results themselves, common sense will tell you that breath testing is not reliable.

Host: Myles L Berman, hopefully people are drinking responsibly and driving responsibly as a driver but if they are pulled over and the cop wants you to take the test or do the thing, at what point do they call you?

Myles: You know, it’s funny that you mention that. People have been listening to your show for so long that they’ve got 888-4TOP-GUN burned into their minds.

Host: In their cellphones

Myles: Thank you, thank you. If you didn’t hear that it’s 888-4TOP-GUNbut we are getting calls from new listeners that as they are getting pulled over from the police, they are calling us and they want to know what they should do. I mean that’s the power of your program.

Host: Remember that story when I ran into the house in my car? Guess who took care of me? Myles L Berman. Seriously. I ran into someone’s house and Myles took care of me. I mean that’s how bad it was.

Myles: All these years, I’ve never said anything.

Host: I know but seriously I don’t care at this point. Myles will also keep secrets.

Myles: I still don’t say anything. I will not confirm or deny anything.

Host: Confidentiality there. True attorney.

Myles: But the most important thing is after you get out of jail you need to call us, at what number again?

Host: (with audience) 888-4TOP-GUN

Myles: We need to jump on it right away and contact the DMV and stop the suspension from going into effect. We need to start the process of defending people right away.

Host: So have that number in your cellphones if you need to call Myles L Berman. We’ve got to take another break and before we get out of here for the whole day but thank you Myles for stopping in and we like him. He is our friend. Berman, Berman (chanting continues)

Myles: Thank you very much.

Host: We are Frosty, Heidi & Frank talking on Radio 790 KABC.

Description: http://www.topgundui.com – Top Gun DUI Defense Attorney® Myles L. Berman® drops in at live broadcast from Orange County, judge’s wing contest and chats it up with Frosty, Heidi & Frank on February 5, 2010.

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