Best DUI Defense Lawyer in Mississippi
DUI Defense Attorney Joey Franks is the Big Man at Big Man Law. When he gets a case, he determines what angles of attack, and it’s before any additional evidence is gathered. He first looks for probable cause because the police must have a reason for the traffic stop. The Fourth Amendment of the United States Constitution and Article Three, Section 23 of the Mississippi Constitution protect you from unreasonable searches and seizures. When determining whether probable cause exists, Mississippi courts repeatedly says the issue is whether or not the officer reasonably and objectively believed that a traffic violation occurred. That’s from Sellers v State, Mississippi Court of Appeals case from 2021. They’re citing Adams versus the City of Booneville. It’s a Court of Appeals case from 2005.
Then, we thoroughly examine the videos and reports of the incident. If we go to trial, we may ask pointed questions of the officer, deputy, trooper, whichever one pulled you over, about what led up to the stop. You win if they cannot show a reasonable belief that you committed a crime. We get this information from our clients because they were there. We get intake information by asking questions, but sometimes people need help understanding why we’re asking those questions. However, The Big Man is trying to determine up front if there was probable cause for the stop. If a client says, “Hey, I was speeding, and they pulled me over because I was speeding,” then that will be probable cause for a stop, and we keep going.
Next, we’re trying to see whether or not our client talked to the officer and whether they admitted to drinking or to coming from a bar. Just because you admit to drinking a beer doesn’t mean you’re impaired. Under Mississippi law, we’re not looking for drinking and driving; we’re looking for driving under the influence, and that’s the key. Moreover, when the officer asks questions, they’re looking for the odor of alcohol, slurred speech, red, bloodshot eyes, fumbling, nervousness, and anything that they can articulate as an impairment. We always tell our clients on the head end to assert their right to remain silent, giving them the best chance of beating a DUI.
The next thing we look at is whether or not somebody took any kind of breath test. We scream, “Heck no, don’t blow” every chance we get. I need to know whether a client took the portable breath test, which is only admissible to show whether or not there was a presence of alcohol, but we don’t get the percentages from the PBT. That comes from an Intoxilyzer 8000, the machine used in the state of Mississippi, and it gives a precise readout. And then, we’re looking at whether procedures were followed, so we ask for all documents during the intake.
Field Sobriety Tests
Field sobriety testing is a battery of three tests. The horizontal gaze nystagmus test is where they do the finger back and forth in front of your eye, and then there’s the walk and turn test, where you walk nine steps. You take a really weird turn and walk nine steps back, and it’s very unnatural. Then there’s the one-leg stand test, which athletes pass but most don’t. The Big Man has never passed these tests at continuing legal education seminars. He’s done them sober as a judge and drunker than Cooter Brown, and he has yet to pass one.
The Big Man wants to know if you took the field sobriety tests because he’s trying to see what avenues he needs to be hitting on, what he can expect in the discovery, what case law is required, and what research is needed. The Big Man doesn’t leave any stone unturned. He ensures his clients receive the best representation possible. That’s why you should hire Big Man Law. Call us at (601) 357-7777.
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