What should we look for in a DUI Lawyer in Jackson MS?
What should we look for in a DUI Lawyer in Jackson MS?
The Big Man, DUI Lawyer Franks: You need a lawyer who will honestly tell you the good and bad of your case. You need a lawyer who will sit down and tell you your situation. You need an attorney who’s not scared to go to court and be in front of a judge; but also has a relationship with the district attorneys and can have an honest conversation. We can often obtain a favorable result without going to court, though a trial is absolutely required in some cases. You need a lawyer that’s not scared to take the path most helpful to you. You require someone that will give you an honest account of your situation.
What are the Penalties for a DUI First in Mississippi?
The Big Man, DUI Lawyer Franks: There’s no easy response to that question. For an individual with a standard motorist’s license, there is a suspension of up to one hundred and twenty days, a $250 to $1,000 fine, approximately two days behind bars, and potentially participating in a MASEP course or a Victims Impact Panel. If it is a CDL license, the penalties are more serious. They give up their commercial motorist’s license for up to one year, putting them out of work. For minors, it’s a fine of $250 and a suspension of their license for 120 days along with the MASEP course. They don’t have the 48 hours behind bars, and penalties do not increase to $1,000.
Can there any way I can be found not guilty?
The Big Man, DUI Lawyer Franks: Absolutely. It’s not unusual to have a case dismissed or head to trial and have an individual found not guilty. My initial trial out of law college was a DUI 2nd offense, and the person was found not guilty. However, it depends upon the facts from when the individual’s stopped. The officer has to have probable cause to pull them over, or the case will be tossed out. Also, officers are humans as well, and they make mistakes. They miss entering data needed to prosecute somebody successfully. It is possible to get a not guilty verdict on a DUI.
What occurs if I decline a DUI breath test?
The Big Man, DUI Lawyer Franks: It sets off a chain of events that will lead to suspension of your vehicle driver’s license for 120 days. The Mississippi Department of Public Safety will send a letter to the address on your vehicle driver’s license within the first month. After that, you have ten days to submit an application for a breath examination refusal hearing to determine whether you refused a breath test.
Can I be required to take an examination?
The Big Man, DUI Lawyer Franks: You can not be forced to take a test on a typical pullover. You can if there’s a crash and somebody’s injured, and then they get a warrant to have your blood drawn. But typically, if you were pulled over for an arbitrary traffic stop, like changing lanes improperly, they will usually supply you with a portable breath test. You can decline it, and if the officer decides to take it another step, they’ll take you to the police station. Then they will ask you to submit to a breath examination on the large Intoxilyzer device. If you decline that examination, then you have officially refused the test. You have the choice to refuse.
Will it hurt my case?
The Big Man, DUI Lawyer Franks: Not always. Under certain situations, it may aid your case because of statutory DUI regulations. You are lawfully intoxicated if you blow over a .08 blood alcohol content. The cop has specific procedures they have to follow. As a DUI defense lawyer, once someone blows .08 or above, I check whether the procedures were appropriately followed. If an individual does not take the breath test, they can not simply state it was a statutory DUI. They have to verify a common law DUI and prove that you were bodily screwed up while driving your auto. Among the most usual means of doing that is the field sobriety test on the side of the road. It’s the walk the line, hold one leg up, and touch your nose.
Could I theoretically get out of a conviction by not taking a breath examination?
The Big Man, DUI Lawyer Franks: Theoretically, yes, you could get out of a sentence by not taking the breath test. Yet that’s only because the officer has to prove impairment by utilizing something aside from the breath test. If they can not confirm it by another approach, you have an excellent chance of being found not guilty because DUIs carry the burden of proof, which is beyond a reasonable doubt. It’s the government’s responsibility to show beyond a reasonable doubt.
How do I answer if the policeman asks me if I’ve been consuming alcohol?
The Big Man, DUI Lawyer Franks:
Exercise your 5th Amendment right to be silent.
Don’t lie, as that starts things down a wrong path.
Exercising your 5th Amendment right will raise the police officer’s suspicion.
But you have not been dishonest, and again, the Fifth Amendment isn’t a privilege; it’s a right.
If they take me to jail, is there any way I can reject the test there?
The Big Man, DUI Lawyer Franks: You can refuse every test supplied to you, yet that is a separate charge of DUI rejection, which leads to the suspension of your license for 120 days. The Department of Public Safety will send a letter to the address on your license, which’s important because many people move and forget to update their information. You have ten days to submit a petition with the county or circuit court, depending on the county, and set that before a court to establish whether or not a breath examination refusal occurred. No rejection happened if the police officer didn’t offer it to you at the police station.
If you have been arrested for a DUI, the first thing you need to do after getting out of jail is call Jackson MS DUI Criminal Defense Lawyer Joey Franks. The Big Man is on your side.