Areas Served

Madison MS

Ridgeland MS

Clinton MS

Pecan Acres Jackson MS

Flowood MS

Byram MS

Pearl MS

Northpointe Jackson MS

Tougaloo MS

Jackson MS

Natchez Trace Estates Jackson MS

Woodhaven Jackson MS

Eastover Jackson MS

Fondren Jackson MS

Farish Street Historic District Jackson MS

Washington Addition Jackson MS

Western Hills Jackson MS

If asked to take a roadside sobriety examination, what do I do?

DUI Defense Lawyer Franks: You have a number of choices. You're not required to do a field sobriety examination, which isn't the examination they are considering for a refusal accusation. If you decline the large Intoxilyzer device at the police headquarters, they can do a refusal charge.

My recommendation is don't do a field soberness examination because they're created for people to fall short as well as are very confounding. I had a policeman execute one on me as I wished to know what my clients were undergoing. I failed the roadside soberness examination, and I was sober. Roadside sobriety tests provide the cops ammunition, as well as it rarely aids my clients.

If the police ask me to follow an object with my eyes, what are they searching for?

Lawyer Franks: The test they're doing is the horizontal gaze nystagmus. They're seeking wiggling of the eyes. If somebody's on depressants, there can be a spontaneous eye activity which does not necessarily suggest booze is involved. However alcohol is a depressant. That's entering even more drug-related impairment in contrast to alcohol. Police officers need to have certain credentials for those examinations to be legitimate.

What happens if I refuse to take the test?

DUI Defense Lawyer Franks: They will certainly have you stand at the front or rear of your vehicle, or by the police car. They'll offer you the examination numerous times. They need to prove impairment past a reasonable doubt, and the roadside sobriety test is a tool. If you refuse, there are no damages. Nevertheless, you'll likely be taken to jail, as well as you'll be provided the alternative to blow in an Intoxilyzer. Up until you refuse to blow in an Intoxilyzer, you will certainly not be charged with a DUI rejection. If you are charged with a DUI rejection, then you would have great grounds to file a petition for a breath test rejection hearing.

If they take me to jail, might there be any type of way I can refuse the test there?

Attorney Franks: You can decline every examination supplied to you, but that is a separate charge of DUI rejection, which causes the suspension of your license for 4 months. The Division of Public Safety will certainly mail a letter to the address on your license, which's essential because a great deal of people move and also neglect to upgrade their license. You have ten days to submit an application with the county or circuit court, depending upon the county, as well as put that before a judge to establish whether or not a breath test refusal occurred. If the officer never ever offered it to you at the station, after that no refusal occurred.

If I didn't get my Miranda Rights explained to me, can my court case be rejected?

Attorney Franks: Miranda Rights are read to a person when they are placed under apprehension. Then you are told you have the right to an attorney and also you can remain silent. Dismissal of your case is not the solution for failure of a policeman to explain your Miranda Rights. The solution for not explaining somebody their Miranda Rights is, anything the person claims under arrest can't be utilized against them in a court of law. If the police officer does not explain your Miranda Rights, and also they apprehend you, and you state, "I was intoxicated", that's possibly will be excluded from testament at trial.