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Thomas ex rel. Thomas v. Mississippi Dept. of Public Safety9/21/2004
, correctly, that no constitutional prohibitions stopped Officer Johnson from performing sobriety tests on Mr. Thomas. Saucier v. City of Poplarville, 858 So.2d 933, 935( 12) (Miss.Ct.App.2003); Edwards v. State, 795 So.2d 554, 565-66( 47) (Miss.Ct.App.2001). Thomas misinterprets the point the trial judge made in discussing constitutional protections. The judge never held that Officer Johnson was constitutionally prohibited from performing sobriety tests on Mr. Thomas. Instead, he wanted to emphasize the fact that DUI detection is very difficult, in large part because constitutional considerations loom large in an officer's decision to administer sobriety tests, and accordingly, police officers should be afforded some latitude in deciding not to check drivers for DUI. We find that the trial court's discussion of constitutional protections was yet another mitigating factor in deciding that Officer Johnson did not show reckless disregard. Of course, there was nothing that would have stopped Officer Johnson from asking Mr. Thomas whether he had been drinking, and Officer Johnson in hindsight would probably have followed up with additional questions and tests. Even so, there was sufficient evidence for the trial court to find that Officer Johnson did not act in reckless disregard for the safety of Lonzo and the public.
26. THE JUDGMENT OF THE CIRCUIT COURT OF PIKE COUNTY IS AFFIRMED. ALL COSTS ARE ASSESSED TO THE APPELLANT.
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