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Green v. State4/16/1998
that there is no merit to Green's claim that he must be issued a Uniform Standard Ticket. Accordingly, it follows that there is no merit to Green's contention that the felony DUI charge was not properly before the Circuit Court.
. Green further maintains that the intoxilyzer results were inadmissible because Officer McLaurin failed to advise him of his right to obtain an independent chemical test as provided by Miss. Code Ann. § 63-11-13 (1996). However, a review of the case law from those states that have considered this issue reveals that the vast majority of states that require such notification do so because their statutes specifically require notification. Mississippi's statute does not specifically provide for such notification. However, the Legislature has specifically provided for notification of other rights within the Implied Consent Law. Therefore, this Court adopts the majority rule declining to impose obligations that are not specifically delineated by the Legislature in the statute.
. Accordingly, the trial court's decision is affirmed.
. CONVICTION OF FELONY DUI AND SENTENCE OF ONE (1) YEAR IN THE CUSTODY OF MISSISSIPPI DEPARTMENT OF CORRECTIONS AND PAY A FINE OF $2,000.00 AND ALL COURT COSTS AFFIRMED.
PRATHER, C.J., SULLIVAN AND PITTMAN, P.JJ., BANKS, McRAE, ROBERTS, MILLS AND WALLER, JJ., CONCUR.
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