Marshall County Constable arrested for DUI refusal - WMC Action News 5 - Memphis, Tennessee

Marshall County Constable arrested for DUI refusal

Source: Facebook Source: Facebook
MARSHALL CO., MS (WMC) - Marshall County Constable Johnny Fitch was arrested for DUI refusal Friday night. This comes after Holly Springs Police say they saw the Marshall County Constable car on the side of the road. When they stopped to check on the driver, they found Fitch appeared to be under the influence.

“It's not a matter of being drunk, it's when you're impaired to operate a motor vehicle,” said Marshall County Prosecutor Shirley Byers.

Fitch was arrested, but refused to take a breathalyzer, so he was charged with DUI refusal and booked into the Benton County Jail because
he is a constable in Marshall County.

We couldn't get a mug shot of Fitch because the Benton County Jail did not take a mug shot when he was arrested. A supervisor with Benton
County Jail said they do not take photos of everyone booked into the jail.

We could only find a photo of him on his official re-election Facebook page, because the Marshall County Constable is an elected
position.

In Marshal County Constables can make arrests and carry a weapon. Smith says it's typical for them to act as a bailiff or serve court
documents in Marshall County that often requires them to use a personal vehicle, though they can mark their personal vehicle with a Marshall County Constable sign.

Still, it may be hard to do his job following this arrest.

“He can't drive because his license is suspended for 90 days. So somebody else should be driving him,” said Byers.
 
Marshall County Prosecutor Shirley Byers says that's even if he is found not guilty.
 
It's exactly what happened to Fitch last time he was arrested for DUI refusal in June 2013. He was found not guilty but his drivers license
was suspended for 90 days.
 
Holly Springs Attorney City Attorney Kent Smith said Fitch would not lose his job because he was an elected official and he wasn't working
at the time of the arrest.

In this latest case, he was not working, which means he can still hold office and do his job. As long as someone can drive him around.
 
We contacted Johnny Fitch, but he did not return our phone calls.

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