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BEFORE
Your
automobile can only be lawfully stopped by an officer if he/she
has a reason to believe that you are breaking the law (i.e. tail
light out, running a stop sign, speeding or driving recklessly.)
- After a lawful
stop, an officer can ask you for identification and/or your license.
- If an officer
asks you if you have been drinking, if you have been, you are
not required to and should not answer. You may be asked to take
a test at the time and place you are stopped (i.e. stand on one
foot, count backwards, etc.) You are not required by law to perform
such tests and should refuse to do so.
- A breath
and/or chemical test may be offered to you by the officer at the
scene or at the police station. You may refuse to do so if you
have been drinking within the previous forty-eight (48) hours.
- Do not attempt
to judge your own level of intoxication when deciding whether
or not to take a breath test. The average person is always wrong.
DURING
- If you are
arrested, do not argue with the police officer.
- Do not talk
to anyone at the scene or in the jail about your case.
- Ask the police
officer to allow you to call a friend to drive your car home or
to make a call to another person concerning your car. (Towing
services that are called by the police may damage your car and/or
charge excessive fees.)
- Call a bonding
company or a friend to bail you out of jail immediately.
- Ask for a
receipt for any property taken from you.
- A police
officer may tell you that refusal to take the test will result
in your license being suspended for ninety (90) days. That may
or may not be true, but it is not a basis for taking the test
if you have been drinking or taking medicine within forty eight
(48) hours.
- If you are
injured, request your own doctor and refuse to give a blood sample
to police.
- Do not ride
in an ambulance called by police if you are able to go to your
own doctor.
AFTER
- After your
release, immediately speak to a friend or any witnesses who can
testify as to your condition upon release from custody.
- Make a list
of witnesses to be called later if needed and record all you remember
about the events that have occurred.
- If you feel
that you were not legally intoxicated, immediately go to a private
doctor or clinic to obtain a blood alcohol test.
- Contact
an experienced attorney as soon as possible.
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Office
Hours 8:00 a.m. until 5:00 p.m. Monday through Friday
After
hours by appointment
Barnett
Law Offices
125 South Congress Street
Suite 1308
Jackson, Mississippi 39201
Office (601) 355-4114
Toll Free (888) 300-8982
FAX (601) 355-4115

| Disclaimer:
Any contact through this web page does not create an attorney-client
relationship. Unless an attorney-client relationship is agreed to
by this firm, you are not a client. The determination of the need
for legal services and the choice of a lawyer are important decisions
and should not be based solely upon advertisements. The State of Mississippi
does not recognize specialties in areas of the law; therefore, no
particular claim of expertise may be or is hereby claimed. The information
presented at this site should not be construed to be formal legal
advice nor the formation of a lawyer/client relationship. |
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