Top Gun Dui Defense Attorney® Myles L. Berman® Interviewed On May 26, 2017 By Frosty, Heidi & Frank

Transcript:
Host: Who is here? Someone is here? Oh well we have a guest. Myles L. Berman, ladies and gentlemen. Myles, the Top Gun DUI Defense Attorney. Smooth as silk. I need to be alone.

Myles Berman: I’m going to get a hug from Heidi. Nice to meet you. Thank you.

Host: if you are pulled to the side of the road, Myles L. Berman is going to take care of me. He Myles.

Myles Berman: That’s not slurred speech. That’s your normal speech pattern.

Host: Myles, good looking guy, right? Listen, you guys can just spread off because this guy is a celebrity. Myles L. Berman, yes is a celebrity, as far as being part of the Frosty, Heidi & Frank show for so long and he’s been gracious enough to join us again for one of our drinking shows. Myles, you haven’t aged since the last 10 years. I’ve known you 10 years ago. You’ve known him for 20 years, for reasons we won’t discuss on this show. For reasons we are discovering today because you are an alcoholic Frosty. This man, this is amazing, like a Warlock, he never ages.

Myles: This is fantastic. I don’t have to say a thing. Just sit here.

Host: we are going to tell everyone about how awesome you are. What’s so awesome about Myles is that he posts on Twitter all the DUI checkpoints every Friday. It’s a public knowledge thing. They post it. So is it something that they have to do, post where they are going to be having a checkpoint. Is it something that’s required?

Myles: you know, looking at you Frank, your beard sounds a little slurred but you are okay. Can I catch up with you guys? Just kidding. The CHP is outside.

Host: Wait, here? They found us? It’s because of you guys we have the cops here. You guys need to stop that.

Myles: Yes, checkpoints are public knowledge. They are supposed to post them but a lot of times, they just don’t post the locations but then they call it patrols. But yes, they are public knowledge and we post known checkpoints meaning their specific locations and the times.

Host: Myles, as a DUI attorney, maybe people see a negative connotation that you are defending these guys.

Myles: I don’t know any people who think that inevitably. Especially our clients.

Host: yes, the clients love you but it’s not always the case like Frosty was mentioning earlier to the CHP saying if I went out to lunch and I had a beer and then they pulled me over and I’m between a 0.05 and 0.07 or a 0.09 and you’ve got to make a decision relative to you and what you think is wrong with me. You could actually give me a ticket for driving under the influence and then, I call Myles L. Berman and we work this thing out. Is this not always the case where you are the extreme case of drunk driving? So that’s how you are helping people, right?

Myles: That’s one of the ways. I mean if somebody gets arrested for DUI, it’s very traumatic, even for a first offender which most of our clients have never been arrested before and the experience that you go through is traumatic plus the potential penalties can be devastating. I mean you can lose your job, your livelihood, your freedom, your reputation and it’s getting tougher as more time goes by. So, for example, in LA County, just one of four or five in the state, if you are convicted of a DUI on a first offense, if they put in an ignition interlock device in your car for five months,.

Host: When did that start?

Myles: That’s been a pilot program. Oh my God, it’s been quite a while. 7 or 8 years maybe. It could be longer. It’s been around for quite a while but it’s going to go statewide. So just imagine if you are a mom and you get pulled over and convicted of a DUI and you’ve got a carpool going, it’s very life altering or life changing and by the same token if you are in sales and you use your own car for sales. We are just not talking about the ignition interlock device, we didn’t mention about increase of insurance, potential jail and all those other problems that come alone with a DUI but specifically when you are talking about 05s and 07s. Today in this state of mind, 5 or 6 nines are too many.

Host: Frosty right now is at a 0.20.

Myles: Oh my goodness, you were 0.14 a half hour ago.

Host: But that’s the thing Myles because Frosty was drinking and he is absorbing more alcohol than he had consumed so by the time he gets pulled over and by the time he gets to the actual Breathalyzer. So when he gets pulled over, does he take the Breathalyzer test or does he wait to go down to the station to get the Breathalyzer? Or just Myles to get me out of it?

Myles: Here is the thing. If you get arrested for DUI and you have a choice between a breath or a blood, generally DUI alcohol and if you don’t take the tests, the penalties can be greater if you are convicted of it in court as well as the DMV, the penalties are greater regarding a license suspension but at the same time, if you don’t take a test, there is less evidence to convict in court. On the other hand, most of our clients take a breath or a blood test and we are still successful in getting DUI charges dismissed or reduced and you have a right to refuse but then, if you refuse, they can get a warrant and get a forced blood draw.

Host: If you refuse everything, I mean they can take your license from the DMV. What is the deal like, do we refuse

Myles: Only as per the driver’s license. The one thing though, that I would recommend if somebody is in this situation and then if they are pulled over for DUI and they get arrested, they can call 888-4TOP GUN as soon as they get out.

Host: Hell yeah. Amanda has a question for you, Myles. Let’s go to the phones. You should get your headphones on. Hello Amanda

Amanda: Hi.

Host: You have a question for Myles L. Berman.

Amanda: I do. Actually, I know somebody that has a DUI and they didn’t get a blood test but they also didn’t go to court. How much worse can the penalties get when you don’t go to court?

Myles: There is a warrant out, I’m sure. I think the best thing is to have your friend call 888-4TOP GUN to discuss it because I don’t know enough about the situation but it should be dealt with. Her license is probably suspended. If she is driving , she may be pulled over for maybe running a stop sign and then she is going to go to jail because of the warrant that’s out and driving when her or his license is suspended.

Host: Amanda, are we talking about a friend of yours or actually you?

Amanda: No. Not me. I actually am a professional driver. I do not have a DUI.

Host: Great, because you don’t and because you are such a good person looking out for your friend, I’m going to give you that Disneyland four pack.

Amanda: No way.

Host: Yes. Four pack, one day, one card. Game on the first to experience the breathtaking thrills. Don’t forget the music of the new Guardians of the Galaxy edition breakout in Disney California Adventure park. It is the next shot to win these tickets at 11:00 am with mercy. So congratulations Amanda

Amanda: Thank you guys so much. I love you guys.

Host: Thank you sweet heart, tell all your friends. Okay, we’ve got another call from Barbara with a question for Myles L. Berman, the Top Gun DUI Defense Attorney here in the studio with us. Hello Barbara.

Barbara: Hello.

Host: What’s your question for Myles?

Barbara: My question is my daughter was with her friend yesterday and has had that Breathalyzer thing, they just had it installed and they are driving along the freeway and it goes off because when you are driving you have to blow into it every 15 minutes and she goes into a panic and she is going to blow into it because if she doesn’t, you know. I don’t know what will happen but something does happen. Is it safe for them to be driving on the freeway and all of a sudden have to blow into it like that?

Myles: Yeah, that’s one of the problems with the ignition interlock device. Sometimes they request you to blow into it and at times it is very difficult, other times, they sometimes malfunction. So the best thing to do is to actually try and avoid a DUI conviction so you don’t have to install the ignition interlock device

Barbara: But this is happening. I mean I’ve heard it first hand and I’m thinking like I’ll pay for this

Host: Is it like a Breathalyzer that the interlock device is where you have to blow into your car to start, is it like a Breathalyzer, we’ve been taking Breathalyzers all morning from the CHP where you have to blow into. You are totally not wasted. Or can I fart into it?

Myles: From what I hear, they are as difficult to blow into as a regular breath test machine but I need a second to go into something else if I could because I don’t know if these are treats or if they are munchies.

Host: These are munchies. Actually these are Taytoes from Ireland

Myles: When I was taking about munchies I was trying to segue into like DUI marijuana. You are usually ahead of me Frank

Host: The thing is I was asking the officers too as far as pulling people over and a recent study came out like the mushrooms are the least dangerous but how do you deal with that kind of drug.

Myles: As with any drug, it’s just illegal or otherwise, it’s a matter of how much you have in your system but what’s happening now is that because of marijuana being legal, there are a lot more DUI marijuana arrests.

Host: How do they do that? Is the test the same as DUI? Just walk heel to toe, let’s throw some Cheetos in front of you

Myles: Yeah, they basically do the same thing, a little more eye exam. Sometimes the other drug recognition expert and absent breath test in a DUI marijuana cases and drug cases and also

Host: Drug recognition experts. They have everyone’s method breaking down at the station. A drug recognition expert, are they at the station or are they in the car? I mean as far as like discovering that someone is on marijuana or anything else that they might be on. If you were on something and you were like, okay, you may be on something but I don’t know what it is.

Myles: You know what they should do? They should say are you hungry? That should be a test. They test the eyes, the blood pressure, it’s a little bit different in addition to the field sobriety tests that we were talking about or sometimes they call the DRE on the scene or the arresting officer is also a DRE or the investigating officer but then it’s usually a blood test or sometimes a urine test in the event that

Host: In case I’m pregnant. One piece of advice that you can give to someone that’s pulled over is what?

Myles: What I want to talk about, just for a second, the one piece of advice for DUI marijuana is don’t think your marijuana card is going to stop you from being arrested for DUI. That’s what I was getting to. Almost everybody has the medical marijuana card. When they get pulled over for DUI marijuana, sometimes the officers may even get high when they open the window. They think that it’s somehow a defense but it’s not.

Host: Prescription drugs of any kind says don’t operate heavy machinery. So a marijuana card is not a defense, it’s like okay, you basically screwed yourself.

Myles: Yeah, I mean just because you have the card it doesn’t mean that. Basically you are right Frank. It’s just like prescription drugs and what we are seeing a lot now is everybody is taking prescription drugs and even somebody else’s prescription, not everybody but a lot and we are seeing a lot of people who are getting pulled over and also the DMV will now want to re-examine them which makes it even worse, which is a whole another matter and a whole another process.

Host: Krista has a quick question on Line 2. She says her son refused the Breathalyzer and DUI was dismissed but DMV still suspended their license. Can they fight back?

Myles: Yes. They probably took it for a year but that was what I was talking about earlier if that was a first offense. That’s what I was talking about earlier where there is less evidence if you in fact, refuse. I will say this. You asked for one piece of advice earlier. I feel like I’m talking really fast because not everybody is talking as fast as I normally

Host: Guess these people are still slow around here. Slow it down as you are getting fast or normal.

Myles: If you are older than 21, absolutely refuse the portable breath test before being arrested. You don’t have to do it. They should tell you that you don’t have to do it. So that’s the best piece of advice I would give to people. Refuse a portable breath test while you are being investigated.

Host: Does a DUI ever go off your record?

Myles: It stays on your record for 10 years

Host: Can you guys stop laughing? This is serious business

Myles: Actually I have to say that Frost is not swaying, he is not stumbling. He has been standing straight

Host: We have a thing going on. What do you have going on? This is a serious interview with Myles L. Berman, Top Gun DUI Defense Attorney. You guys are acting like a couple of drunken kids. How do you get rid of a DUI right now?

Myles: Expunge it.

Host: I love the word expunge. Myles, I apologize.

Myles: I’m soaking up all of this stuff.

Host: The drinking show is on Memorial Day weekend, a big drinking weekend

Myles: It’s not my first rodeo.

Host: This is where all the facts should be. We should be knowing all of these things. Exactly what she is trying to say. Give out your number so if in the unfortunate event that you do make a mistake and you do listen to our show, call Myles. Myles is the guy. You didn’t take the advice we gave. Your accent but you are drunk. That’s weird. Is that a makeover soda Myles? Either way, Myles L. Berman is going to fuck you up. Call Myles.

Myles: You and your accent match Frank.

Host: Myles L. Berman, be safe. The whole show today was about being safe but if you need Myles, he is the man to call, 1-888-4 TOP GUN, topgundui.com #MylesLBerman. 888-4 TOP GUN.

Myles: You’ve been saying it for 25 years.

Host: I have, I know. It’s awesome. Thank you so much Myles for coming and hanging out with us. We have to go traffic police today. Let’s go Lisa.