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Madison is a city in Madison County, Mississippi, United States. The population was 24,841 at the 2010 census. The population is currently over 25,000. It is part of the Jackson Metropolitan Statistical Area.
Clinton is a city in Hinds County, Mississippi, United States. Situated in the Jackson metropolitan area, it is the tenth largest city in Mississippi. The population was 25,216 at the 2010 United States Census. Wikipedia
What takes place if I refuse a DUI breath examination?
Lawyer Franks: It triggers a chain of events that will lead to suspension of your vehicle drivers license for 120 days. Department of Public Safety and Security will send a letter to the address on your drivers license within the very first month. After that you have 10 days to file a petition for a breath examination refusal hearing to establish whether or not you really declined a breath test.
Can I be forced to take a test?
Lawyer Franks: You can not be compelled to take an examination on a common stop. You can if theres a crash and someones injured as they get a warrant to have your blood taken. Yet typically if you were drawn over for an arbitrary stop like changing lanes incorrectly they will certainly frequently offer you a mobile breath test. You can decline it and if the police officer decides to take it another step they'll drive you to the station. Then they will certainly ask you once again to take a breath examination on the big Intoxilyzer device. If you reject the test during that time after that you have officially refused the examination. You have the choice to refuse.
Will it hurt my case?
Attorney Franks: Not necessarily. Under certain conditions it might aid your situation as a result of statutory DUI regulations. If you blow over a. 08 blood alcohol content then you are lawfully intoxicated. The cop has specific policies they need to follow and once someone blows.08 or above then as a DUI lawyer I begin looking into whether or not the procedures were appropriately followed. If an individual does not take the breath examination then they cant just claim it was a statutory DUI. They have to show a common law DUI and also prove that you were bodily impaired while driving your vehicle. One of the most common means of doing that is the field sobriety examination on the side of the roadway. Its the walk the line hold one leg up and touch your nose. Those tests are what they'll change to which can give you a stronger court case in some circumstances.
Could I theoretically avoid a sentence by not submitting to a breath examination?
Lawyer Franks: In theory yes you can get out of a sentence by not taking the breath examination. However thats just because the police officer needs to show impairment by utilizing something other than the breath examination. If they cant verify it by some other method then you have a great possibility of being found not guilty because DUIs carry the exact same burden of proof which is beyond a reasonable uncertainty. Its the states burden to show beyond a reasonable doubt that you were driving a vehicle while impaired.
What are the indictments?
Attorney Franks: There's DUI refusal which means you refused to take the examination. DUI first violation means this is your initial infraction. After that there's DUI second infraction which means this is your second DUI within a five-year amount of time. Likewise there's DUI 3rd offense which means this is your 3rd DUI or more in a five-year period. Finally you have actually an aggravated DUI which is a felony. Aggravated DUI indicates you harmed somebody in an accident and also you were consuming alcohol above the legal limits.
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