IN THE COUNTY COURT OF HINDS COUNTY, MISSISSIPPI STATE OF MISSISSIPPI/CLINTON MUNICIPAL COURT vs. CAUSE NO. ANDREA L. EDNEY IY- 330 SE ED NOTICE OF APPEAL APR 11 2014 BARBARA Duyn TO: BARBARA DUNN, CLERK fe ~ eens HINDS COUNTY COURT = =e POST OFFICE BOX 327 JACKSON, MISSISSIPPI 39205 You are hereby given notice that pursuant to Mississippi Uniform Circuit and County Court Rules, Rule 12.02, an appeal has been filed by the above-named Defendant for a judgment rendered against her in the Clinton Municipal Court, Clinton, Mississippi for DUI, 1 Offense on March 12, 2014, You are further notified that a sufficient bond was posted by the above-named Defendant with the Circuit Court of Hinds County, Mississippi, thereby perfecting this appeal. We further request that pursuant to Mississippi Uniform Circuit and County Court Rule 12.02 that said appeal is taken for a trial de novo. WITNESS MY SIGNATURE on this the day of April, 2014. ANDREA L. EDNEY By: TOMMY R. S: OF COUNSEL: ‘Tommy R. Savant(MS Bar # 9689) Savant & Rich Attorneys at Law 100 East Center Street Post Office Box 737 Canton, Mississippi 39046 ‘Telephone: (601) 859-7375/Fax: (601) 859-2773 APPELLANT'S ADDRESS: [ANTCERTIFICATE OF SERVICE 1, Tommy R. Savant, Attorney at Law, do hereby certify that I have this day, mailed, via first- class mail, postage pre-paid, a true and correct copy of the above and foregoing Notice of Appeal to: Kevin Rundlett, Esquire Clinton Municipal Prosecutor c/o Tamra Morgan 305 Monroe St. Clinton, Mississippi 39056 TOMMY R. aon Dated this the _(1__ day of April, 2014. OF COUNSEL: Tommy R. Savant (MS Bar # 9689) Savant & Rich Attorneys at Law 100 East Center Street Post Office Box 737 Canton, Mississippi 39046 Telephone: (601) 859-7375/Fax: (601) 859-2773 Attorney for DefendantClinton Municipal Court 305 Monroe Street Clinton, Mississippi 39056 (001) 924-4411 APPEAL BOND FEES maton SE case# (2S \ Q See AST pace ESE sment: SEES County Ass Charge: arrestee City Assessment:__ Fine: ie County Assessment: $93.50 Charge City Assessment: Fine: le County Assessment: $93.50 Charge: ca City Assessment Fine: County Assessment: $93.50 Total Cost Bond $ ~ ae XS ‘Appeal Bond $ SSeS The cost bond and the appeal bond must he posted at the Circuit Clerk’s Office. The Circuit Clerk’s office is located a( 407 Fast Pascagoula Street in downtown Jackson . Take I- 55 to Pearl Street exit. Turn left on State Street. Turn right on Tombigbee Street which runs behind the court house. Turn left js County Court House parking lot. Parking is also available in front of the building on Pascagoula Street. You may contact the Circuit Clerk’s office at (601) 968-6628 for further assistance.STATE OF MISSISSIPPI ABSTRACT OF COURT RECORD CLINTON MUNICIPAL COURT 305 MONROE STREET CLINTON, MS 39056 ‘COUNTY: HINDS ‘AGENCY CODE: 2502 TICKET NO: 14-1 -107479 DEFENDANT DRIVER'S LICENSE NUMBER: STATE: MS DOB: ~ [1966 NAME: ANDREA LAVERNE EDNEY RACE: B SEX: F ‘ADDRESS: ~ S8N: cir: CuNTON STATE: MS ZIP: 39056 VEHICLE INFORMATION REGISTRATION (TAG) NO.: STATE: YEAR: VEHICLE MODEL YEAR: MAKE: TYPE: VIOLATION % BAC: CHARGE WITH: DUI 1ST OFFENSE 63-11-30 (2)(B) OR (C)OROTHER SPEED: ZONE: DATE OF VIOLATION: 12/16/2013 COURTDATE: 03/12/2014 HWrV.OR STREET: ARRESTING OFFICER: BARNEY ENNS BADGENO: 424 DEFENDANT ENTERED A PLEA OF: NOLO CONTENDRE JUDGEMENT OF COURT: GUILTY BY JUDGE: STEVEN NIXON (2 REMARKS By CouRT: RESET FROM 1/22/14. JAIL IS ORDERED AS 2 DAYS, SUSPENDED PENDING 2 YEARS GOOD BEHAVIOR ATTORNEYS: PROS; KEVIN RUNDLETT DEF: TOMRICH DEFENDANT WASFINEDS 800,00 PLUS ASSESSMENTS OF$ 301.00 SENTENCED TO: JAIL: 2 DAY(S) BAIL FORFEITED ( ) APPEALED 00) FINEPAID () I CERTIFY THAT THIS A TRUE AND CORRECT COPY OF MY COURT RECORD AS RECORDED IN Docker: M14-000088 PAGE: ais aT. Page 1 avy yi Printed 04/18/2014 11:27FONANTANT SA WAGNA ONIARIG AAYOLL DAVAL WUOFINA - IddISSISSIN AO ALVISCase: 25CO1:14-cv-00103-HJP Document #:1 Filed: 01/13/2014 Page 1 of 4 IN THE COUNTY COURT OF HINDS COUNTY, MISSISSIPPI ANDREA L. EDNEY PLAINTIFF vs. causeno._/4 -]0 STATE OF MISSISSIPPI! DEPARTMENT OF PUBLIC SAFETY DEFENDANT PETITION FOR APPEAL AND REVIEW COMES NOW, Petitioner, Andrea L. Edney, driver's license numbe an adult resident citizen of Hinds County, issippi, whose address is Clinton, Mississippi 39056, and files this her Petition for Appeal and Review of the suspension of her driver’s license attached hereto as Exhibit “A” pursuant to ippi code Annotated, Sections 63-11-23(1) and 63-11-25, 1972 as amended,, and all other applicable sections, as well as the Constitution of the State of Mississippi. PETITIONER RESPECTFULLY requests that the Court will set this eause for hearing and after a hearing hereon, will delete any reference of breath test refusal from the driving record of Andrea L, Edne and order the return of her driver's license to her. Respectfully submitted, Of Counsel: TOMMY R. SAVANT (MSB # 9689) Attomey at Law 100 East Center Street Post Office Box 737 Canton, Mississippi 39046 ‘Telephone: (601) 859-7375/Fax: (601) 859-2773Case: 25CO1:14-cv-00103-HJP Dog ene et Filed: 01/19/2014 Page 3 of 4 sorrel STATE OF MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY Date: 30 DEC 2013 ANDREA L EDNEY ; Driver's License Number: Microfilm No: 5687487 ** IMPORTANT INFORMATION - PLEASE READ THE ENTIRE LETTER CAREFULLY ** As a result of your REFUSAL TO SUBMIT TO A BREATH TEST your driving privilege is SUSPENDED for a period of NINETY (90) DAYS effective _1? FEB 2014 uni] AA way 2014 ‘This suspension is required by the Mississippi Lay, Section 63-11-23(1), Mississippi Code of 1972, as amended (BREATH TEST REFUSAL). This suspension is separate from and, in addition to, any other suspension which may be imposed for a conviction under the provisions of Section 63-11-30. Since your driver’s license has been suspended, you may not operate a motor vehicle until your driver's license has been reinstated. IT IS A MISDEMEANOR TO OPERATE A MOTOR VEHICLE UPON THE HIGHWAYS OF THIS STATE WHILE YOUR LICENSE IS DISQUALIFIED. Please mail your license to the Department of Public Safety at the address below, or deliver it to the nearest Highway Patrol Station. If you are aggrieved by this decision, state law provides ten (10) days from the date of this notice to file a petition in the circuit or county court having original jurisdiction of the violation. ONCE YOUR PERIOD OF DISQUALIFICATION IS COMPLETED, YOU MUST COMPLY WITH THE FOLLOWING TO REINSTATE YOUR LICENSE: When you become eligible for reinstatement you must send 2 $175.00 reinstatement fee by cashiers or certified check, payable to the Department of Public Safety or Reinstatement fee may be paid at your nearest Driver License Examining Station. Please write your driver’s license number on the payment. This reinstatement fee does not include the renewal fee if your license is expired. PERSONAL CHECKS ARE NOT ACCEPTABLE. Any questions should be directed Driver Records Department PO Box 958 Jackson, MS 39205 ‘Telephone: (601) 987-1224 HPDBA DLPI7I8B - Rev 2013, " ExHierr "4Case: 25CO1:14-cv-00103-HJP Document#:1 Filed: 01/13/2014 Page 2 of 4 CERTIFICATE OF SERVICE I, Tommy R. Savant, Attorney at Law, do hereby certify that I have this day delivered via first- class mail, postage pre-paid, a true and correct copy of the above and foregoing Petition for Hardship License to the following: Sherri M. Flowers , Esquire Madison County Prosecuting Attomey P.O. Box 483 Jackson, MS 39205-0483 Lieutenant Ken Brown Director, Driver Records Mississippi Department of Public Safety Post Office Box 958 Jackson, Mississippi 39205-0958 Dated this the _{/9 day of January, 2014. OF COUNSEL: TOMMY R. SAVANT(MS Bar # 9689) Attomey at Law 100 East Center Street Post Office Box 737 Canton, Mississippi 39046 ‘Telephone: (601) 859-7375/Fax: (601) 859-2773 Attorney for PetitionerGatien [CLINTON POLICE DEPARTMENT INCIDENT REPORT|__@ 2 ol @ Bae e013 305 Monroe Street - Clinton, Mississippi 39056 PHONE (601-924-5252) 713021602 FERSOW DESORPTION Se SS Se ——— sa ee te jm ie a If Ts a a ee On 12-16-2013 at approximately 2045 hours Officer Enns responded to a Reckless Driving call occurring on South] [Frontage Road. The caller, was following the vehicle stating that the suspect vehicle was weaving on| land off the roadway dangerously. Officer Enns made contact with the suspect vehicle, found to be a 2013 Ford Escape baring North Carolina license| [plate number as it pulled into Road. Contact was then made with the driver and sole] loccupant of the vehicle Andrea Laveme Edney. An inspection of the vehicle showed the front passenger tire to be| lcompletely deflated with large cuts through the sidewalls. There was a strong odor of an intoxicating beveragel lemanating from the vehicle. Edney was asked if she noticed any irregularities in the handling ability of her vehicle and] lshe advised Officer Enns that she did not. Edney was asked by Officer Enns if she knew that her tire was completely| lat with gaping holes in the sidewalls and again she advised that she only knew it was running low on air pressure Edney was asked to step from the vehicle. Once outside the vehicle Edney was very unsteady and had difficulty| lstanding. Officer Enns asked Edney if she had consumed any alcoholic beverage and she advised that she had] lconsumed two (2) glasses of wine earlier. Officer Enns observed that Edney's eyes were bloodshot, Based on the clues lobserved by Officer Enns, Edney was transported to Clinton City Jail to be given the opportunity to blow into the| Hintoxylizer $000 to determine her breath alcohol content (BrAC). Sgt. Kelly proceeded to the reporting party's residence, where two written voluntary statements were given by ~ ~""""y which are included with this report. Once at the Clinton City Jail, having been advised of her "Miranda" rights, Edney was given the opportunity to blow into the Intoxylizer 8000. After the prescribed observation period, which began at 2124 hours, and after reading the} implied consent warning at 2146, Edney refused to blow on the Intoxylizer rendering a Subject Test Refusal BrAC. During the booking process Edney was fairly uncooperative, refusing to be photographed and sign paperwork] |Edney was subsequently placed into a cell due to her uncooperativeness and lack of obedience to Officer Enns’ request lduring the booking process. Later when she became slightly more cooperative, the booking process was completed] without further incident. ldriven over the curb, through the grass, back over the cub again before returning to the roadway. There were heat Iblack tire marks showing the inside and outside bounderies of the tire which based on Officer Enns’ training an lexperience showed the tire to be completely deflated at this point. Said skid marks were at the west curb of the parking] liot entrance to Fire Station One on South Frontage Road. From that point to Edney's place of residence is lapproximately 1.8 miles. The aforementioned Ford Escape had therefore been driven on a completely deflated tire] lunrecognized by its driver for that distance. Photo's were taken, and included in this report, of the area where Edney's vehicle exited the roadway and had = Ena Oinarae LIne Connon ae