Criminal Justice Attorneys

Criminal Justice Attorneys

The Franks Law Firm PLLC

#505 460 Briarwood Dr Jackson MS 39206

(601) 773-7777

https://the-franks-law-firm-pllc.business.site

https://www.google.com/maps/place/The+Franks+Law+Firm,+PLLC/@32.3808976,-90.1497157,15z/data=!4m2!3m1!1s0x0:0x69bde8a9d76292fd?ved=2ahUKEwjuv6SK2q7eAhVM4oMKHS_WBU8Q_BIwF3oECAUQCA

https://sites.google.com/view/criminal-justice-279/areas-served

If Asked to Take a Roadside Sobriety Examination, What Do I Do?

Attorney Franks: You have a number of options. Youre not required to do a field sobriety test and that isnt the examination they are taking a look at for a rejection. If you reject the large Intoxilyzer device at the police headquarters, they can write up a rejection accusation.

As a Criminal Justice Attorney, my advice is dont do a field soberness test since theyre made for people to fail and are very confusing. I had an officer carry out one on me as I would like to know what my customers were experiencing. I failed the field soberness test and also I was sober. I constantly tell clients, do not do a field sobriety examination. It just provides ammo and it virtually never ever aids my customers.

Lets state I have actually consented to it, and also they ask me to follow a thing with my eyes. What are they looking for?

Attorney Franks: The test theyre doing is the horizontal gaze nystagmus. Theyre searching for wiggling of the eyes. If somebodys on downers, there can be a spontaneous eye activity which doesn't necessarily indicate booze is present. Yet booze is a downer.

Some police officers will certainly utilize their finger. Thats getting into even more drug associated impairment, in contrast to booze. Those officers have to have certain credentials for those tests to be valid.

What takes place if I refuse to take the examination?

Attorney Franks: More than likely they will certainly have you stand outside, either at the front or back of your car, or by the police car. Theyll provide you that test multiple times. Usually an officer wont offer once and after that toss you in the back of the police car. They have to prove impairment past a reasonable uncertainty, as well as the roadside sobriety test is a device.

Officers bring about mobile breath analyzers in the back of their patrol cars. If you refuse, there are no penalties. However, youll likely be taken to jail. At the prison, youll be given the choice to blow in an Intoxilyzer. Until you reject to blow in an Intoxilyzer, you will certainly not be written up with a DUI rejection. If you are written up with a DUI refusal, after that you would certainly have very good grounds to file a request for breath examination rejection hearing.