DUI Defense Lawyer near Madison MS
DUI Defense Lawyer near Madison MS
DUI Defense Lawyer near Madison MS
If you got a DUI in Madison, you need a DUI Lawyer near Madison Mississippi who will fight for you and protect your rights. You need the Big Man, Attorney Joey Franks at the Franks Law firm in Jackson. Madison used to be a small farm town, but now it has grown to over 25,000 people, and the cops take drunk driving seriously. But they also make mistakes with DUIs, and Attorney Franks knows what to do. Here is part two of a podcast interview we did with the Big Man. We asked him:
Could I theoretically get out of a sentence by not submitting to a breath examination?
DUI Lawyer Franks: Theoretically, yes, you can get out of a conviction by not taking the breath examination. However that’s only because the officer has to prove disability by utilizing something aside from the breath examination. If they can not prove it by some other approach, then you have a very good possibility of being found innocent due to the fact that DUI’s bring the same burden of proof which is past a reasonable doubt. It’s the government’s responsibility to prove beyond a reasonable doubt that you were operating an auto while impaired.
What do police in Madison look for with a DUI?
DUI Lawyer Franks: They’re seeking certain roadway conditions that make it difficult to drive. That’s where you frequently see a DUI roadblock. Usually, it’s a choke point near a tavern or dining establishment. That’s their most typical tactic.
. The other thing is, they’re trying to find any reason to flag somebody over. Swerving, speeding, rolling through a stop sign; all those are common excuses a policeman will certainly use to halt someone. The genuine reason isn’t to write a ticket for a light being burned out. The genuine excuse is they wish to see if there’s something else going on and also they use that as probable cause.
If the policeman asks me if I’ve been consuming, how do I answer?
DUI Lawyer Franks: As a DUI defense lawyer, I always recommend that you exercise your 5th Amendment right to continue to be quiet. You never wish to tell a lie to a police officer as that starts things down a really bad course. If you’ve been drinking, the very best guidance I can give any individual is to exercise your 5th Amendment right to continue to be silent. That’s most likely to elevate the police officer’s suspicion. However at the exact same time, you have actually not been underhanded. The Fifth Amendment isn’t a privilege, and also he may give you grief over it. However it’s your right to exercise it and continue to be quiet and not give details that would certainly be made use of to convict you in a trial.
Past the breath test, what’s the police officer searching for?
DUI Lawyer Franks: The initial point he’s searching for is the scent of booze when you roll down the car window. They’re looking for the odor of an intoxicating drink originating from the automobile. The next point is slurred speech. They want to ensure your speech is sharp and proper. The issue with that is some folks have a lisp or some other speech impediment. That can be a clashing hint. Additionally, what’s on the seat? You’ll see him shining the lights in all the windows of an automobile seeking to ascertain if there’s an open bourbon container or beer canisters. In some counties, open container is enough for probable cause. They’re additionally looking for drugs, as well as they are wanting to see if you’re scared.
They might ask you to step beyond the automobile. As you walk to the back or the front of the vehicle, the officer’s viewing how you’re walking. Are you maintaining your equilibrium? Are you stumbling? Are you dragging your shoes? Yet once again, a great deal of these signs are things that can be explained by physical defects or conditions. Somebody might be ill or had a surgical treatment recently on a broken ankle or damaged leg.
Nevertheless, that might provide an officer an idea of whether or not alcohol is included. Yet you can’t utilize a couple of things on their own. Policemen and women should go deeper before they write a DUI. Sadly, sometimes they do not.
If the authorities ask me to follow an item with my eyes, what are they seeking?
DUI Lawyer Franks: The examination they’re carrying out is the horizontal gaze nystagmus. They’re trying to find wiggling of the eyes. If somebody’s on depressants, there can be an uncontrolled eye activity which does not always imply alcohol is involved. However alcohol is a depressant. That’s getting involved in even more drug-related problems instead of booze. Policemen need to have particular certifications for those tests to be valid.
If they take me to prison, might there be any type of method I can refuse the test there?
DUI Lawyer Franks: You can decline every examination provided to you, but that is a different charge of DUI refusal, which leads to the suspension of your license for 4 months. The Division of Public Safety will certainly send by mail a letter to the address on your license, and that’s key because a lot of individuals move and also forget to upgrade their license. You have 10 days to submit a petition with the county or circuit court, depending on the county, and also set that in front of a judge to figure out whether or not a breath examination rejection happened. If the police officer never ever supplied it to you at the police station, then no refusal happened.
Will I lose my license?
DUI Lawyer Franks: Your license is taken at the time you’re detained. Then they provide you a paper that states you have 30 days to go to trial or your license will certainly be cancelled. So, you have one month to get the Best DUI lawyer in Mississippi you can, and they establish a trial date. In case the court can’t hear your case within one month, your attorney can move to have the time period moved out up until the date the court can hear your case.
So if you get a DUI in Madison Mississippi, rely on the Big Man, Attorneys Joey Franks at the Franks Law Firm in Jackson. Call (601) 773-7777
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