DUI Defense Lawyers

DUI Defense Lawyers  https://sites.google.com/view/dui-defense-lawyers-2iav/areas-served

The Franks Law Firm PLLC DUI Lawyer

#505 460 Briarwood Dr Jackson MS 39206

(601) 773-7777



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

DUI Defense Lawyer Franks: You have a number of options. You don’t have to do a field sobriety test, which isn’t the examination they are considering for a rejection charge. If you decline the huge Intoxilyzer device at the police station, they can do a rejection charge.

My advice is don’t do a roadside soberness examination since they’re developed for individuals to fail as well as are very confounding. I had an officer carry out one on me as I wanted to know what my clients were going through. I didn’t pass the roadside soberness examination, and I was not drunk. Field sobriety tests provide the police ammunition, as well as it hardly ever helps my customers.

If the police ask me to follow an item with my eyeballs, what are they trying to find?

Lawyer Franks: The test they’re performing is the horizontal gaze nystagmus. They’re searching for shaking of the eyes. If someone’s on depressants, there can be a spontaneous eye motion which doesn’t necessarily indicate alcohol is included. However alcohol is a depressant. That’s getting involved in more drug-related problems rather than booze. Officers have to have specific qualifications for those examinations to be legitimate.

What takes place if I refuse to take the test?

DUI Defense Lawyer Franks: They will certainly have you pose at the front or back of your vehicle, or by the patrol car. They’ll offer you the examination numerous times. They have to confirm impairment beyond a reasonable doubt, and the field sobriety examination is an aid. If you decline, there are no penalties. Nonetheless, you’ll likely be taken to jail, and you’ll be offered the option to blow in an Intoxilyzer. Till you refuse to blow in an Intoxilyzer, you will not be charged with a DUI rejection. If you are charged with a DUI refusal, then you would have very good premises to file an application for a breath test rejection hearing.

If they take me to jail, might there be any means I can refuse the examination there?

Attorney Franks: You can reject every examination supplied to you, however that is a separate charge of DUI refusal, which causes the suspension of your license for 120 days. The Division of Public Safety will send by mail a letter to the address on your license, which’s vital due to the fact that a lot of individuals move and forget to update their license. You have 10 days to file a petition with the county or circuit court, depending on the county, and also put that in front of a court to establish whether or not a breath examination rejection happened. If the policeman never ever offered it to you at the police station, after that no refusal took place.

If I didn’t get my Miranda Rights read to me, can my court case be dismissed?

Lawyer Franks: Miranda Rights are explained to a person when they are placed under arrest. After that you are told you have the right to a lawyer and you can continue to be quiet. Dismissal of your situation is not the remedy for failure of an officer to read your Miranda Rights. The remedy for not explaining someone their Miranda Rights is, anything the individual states under arrest can’t be made use of against them in a court of law. If the officer doesn’t explain your Miranda Rights, and also they apprehend you, and you claim, “I was drunk”, that’s most likely will be left out from testimony at court.

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