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Pearl is a city in Rankin County, Mississippi located on the east side of the Pearl River from the state capital of Jackson. The population was 25,092 at the 2010 census. It is part of the Jackson Metropolitan Statistical Area. Wikipedia
Hotels: 3-star averaging $118. View hotels
Weather: 89°F (32°C), Wind SE at 5 mph (8 km/h), 50% Humidity
Local time: Friday 4:40 PM
Pearl
Place ID ChIJS1famrMuKIYRoJrKycc4SPA
Pearl, MS, USA
If Asked to Take a Roadside Sobriety Test What Do I Do?
Attorney Franks: You have a couple of options. You're not obligated to do a field sobriety examination and it is not the test they are considering for a rejection. If you refuse the big Intoxilyzer equipment at the police headquarters they can file a refusal accusation.
As a Criminal Justice Attorney my suggestion is do not do a roadside sobriety test since they're created for people to fail and are very complex. I had a policeman do it on me as I wanted to know what my clients were undergoing. I did not pass the field soberness examination and also I was sober. I constantly tell customers do not perform a roadside sobriety examination. It just gives them ammunition and it virtually never ever aids my clients.
Lets state I have accepted it as well as they ask me to watch a thing with my eyes. What are they looking for?
Attorney Franks: The examination they're carrying out is the horizontal gaze nystagmus. They're trying to find wiggling of the eyes. If someones on depressants there can be an uncontrolled eye activity which doesn't necessarily suggest alcohol is present. Yet booze is a downer.
Some policemen will certainly utilize their finger. That's entering even more drug related disability instead of alcohol. Those policemen need to have certain qualifications for those tests to be valid.
What occurs if I refuse to take the examination?
Attorney Franks: Probably they will have you stand outdoors either at the front or rear of your car or by the police car. They'll offer you that examination multiple times. Generally an officer wont offer once and then toss you in the back of the patrol car. They have to prove problems beyond a reasonable doubt as well as the roadside soberness test is a device.
Officers lug about portable breathalyzers in the back of their patrol cars. If you refuse there are no fines. Nevertheless you'll likely be sent to jail. At the jail you'll be given the choice to blow in an Intoxilyzer. Until you reject to blow in an Intoxilyzer you will not be written up with a DUI refusal. If you are written up with a DUI rejection then you would have excellent grounds to file a request for breath test rejection hearing.
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