Speech to Text for Legal advice on checkpoints
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judge recently dismissed a dui refusal charge against the tupelo city attorney. the decision has left many folks with questions about what you should and should not do when you are stopped at a traffic checkpoint. wtva's xavier harris is live in tupelo with more from an attorney who says what drivers should do when they are stopped. last week judge chuck hopkins said the checkpoint with the tupelo city attorney was unconstitutional. he also stated every other driver was ticketed for a dui at the same roadblock would be handled individually. one local attorney has this advise drivers in case your stopped and cant get in touch with your attorney... "this much alcohol smells the same as this much alcohol " mark nickels also known as mr. dui says it's imperative that drivers know their rights when it comes to drinking and driving. "if you're sure you can pass the test and you feel very confident if you had very little to drink then you would almost always do everything the officer tells you to do." nickels tell me if you know you're not sure if you can pass the test." "my recommendation i almost incredibly don't do anything don't do any field sobriety test and don't admit to the officer you've been drinking." nickels say there are many factors to make a preliminary breath test inaccurate. "if you're not aware of that machine you don't know its shortcomings for example if you burp or regurgitate alcohol comes up into your mouth and can affect the outcome of that machine." nickels wants folks to know it is not a crime to refuse a test. "there's no such thing as a dui refusal that's not a crime it is absolutely %100 not a crime." nickels says its only a civil matter to refuse a test. at that moment you will be taken to jail and your license will be suspended for 90 days on the first offense and 1 year on the second. live in tupelo xavier harris wtva 9 news. and out of lafayette county,