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Author Archives: Victor Carmody

Victor Carmody
I am the owner and managing partner of Victor W.Carmody Jr.P.A. My practice has taken me into all 82 counties of this state and most of the cities. I have also been priviledged to have represented clients in 15 other states. And as founding regent of The National College of DUI Defense I have relationships with almost 1000 DUI attorneys around the country, and I keep constant contact to share ideas and techniques to better assist in and out-of-state clients. I have always enjoyed helping people with their DUI problems.

Firm: The Law Offices of Carmody, Stewart, and Mixon

Areas of Practice: DUI Defense

Address: 781 Liberty Road Flowood, Mississippi

Phone: 1-800-360-DUIS



Law School:

Professional Affiliations:

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To Test Or Not To Test

Judge Christine Ward of Pennsylvania was cited for DUI over the weekend after admitting to state troopers that she had too much to drink. The Judge, who works on civil litigation cases, has been accused of being intoxicated while driving. According to WPXI of Pittsburg, Judge Ward “staggered as she walked…and at one point Ward fell to her side.” During the incident, Judge Ward was observed by the police to have “exhibited difficulty standing on her own as she leaned ... Read More »


In this line of business, we attorneys come across new and improved quackery that is supposed to help drinkers keep track of their blood alcohol content and whether they should be out on the road behind the wheel. However, last week, I encountered the Breathometer. What a name! ( for information.) This new piece of tech supposedly can give a user their current BAC levels, how many hours it will be until they are sober, and it is super portable. ... Read More »

DUI Affects the Rich and Famous Too.

Some media would have you believe that police only pick on those at the lower end of the socioeconomic spectrum. But our firm continually provides the bulk of our DUI defense services to those situated toward the upper end of the spectrum. The truth is, especially when it comes to drunk driving, that anyone can and likely will be arrested for DUI, and the consequences can be just as severe, regardless of who you are. As a case in point, ... Read More »

No-Refusal Checkpoints in Mississippi

Many police agencies in Mississippi are adopting a common practice of obtaining warrants for blood when a suspect refuses a breath or other tests. And this is generally done on a case-by-case basis. But the Mississippi Highway Patrol (MHP) took things to a new level this month by establishing a no-refusal checkpoint, as reported here. Over the recent Labor Day weekend, MHP set up a no-refusal checkpoint in Oxford, MS, home of The University of Mississippi, a.k.a. Ole Miss. “What ... Read More »

DUIs Soon Eligible for Expunction in Mississippi

In our recent blog we noted one of the key changes to Mississippi DUI law that will become effective October 1, 2014. Another major change is that DUI convictions will now be eligible for expunction. Previously, DUIs could be expunged from your arrest record only if you were found not guilty, the case was dismissed, or you were otherwise not convicted. But under Mississippi Code Annotated § 63-11-30(13), as of October 1, 2014, certain DUI convictions will be eligible for expunction. ... Read More »

Nonadjudicating DUIs in Mississippi

Last year we wrote this blog about some of last year’s changes to Mississippi’s DUI law. This year,however, even more changes were included in Mississippi House Bill 412. The updates are numerous and will take effect on October 1, 2014. Of all these changes, however, nonadjudication must be the most talked about. While called different things in various states, nonadjudication simply means that the guilty plea is withheld and the case is dismissed once the offender completes certain court-imposed conditions. In other words, it’s a ... Read More »

DUI and Your Career

When most people think about a DUI arrest or conviction, they immediately think about spending the night in jail or having to pay a fine.  But those are just the most obvious effects.  In Mississippi, there is also mandatory alcohol safety education, a victim’s impact panel, and high-risk insurance, all of which add significantly to the costs and time involved; the insurance alone can cost thousands of dollars in increased premiums.  But what many people overlook is potentially the most significant ... Read More »

Learning DUI Science

When defending a person charged with DUI, one of the most important questions is whether or not they submitted to a breath, blood, or urine test.  Because the truth of the matter is that it is sometimes difficult to win when there is, for example, a blood test showing a BAC of .13%.  But as law enforcement agencies strive to make DUI detection more scientific, the pitfalls become more evident; and there are plenty of them. Generally speaking, the scientific ... Read More »

Salinas v. Texas: the 5th Amendment’s Downward Spiral?

Earlier this month the United States Supreme Court issued its ruling in Salinas v. Texas, 570 U.S. ___ (2013) (plurality opinion), holding that, in the context of non-custodial, pre-arrest questioning, a person’s silence may be used against them absent an unequivocal invocation of his or her 5th Amendment right against self-incrimination.  At first blush this sounds incredible; in fact, some commentators are strongly criticizing the Court’s opinion for various reasons.  But is it really that surprising? The Supreme Court has ... Read More »

Mississippi Highway Patrol Gets Dinged by Supreme Court

It is common knowledge at my office that the Mississippi Highway Patrol, as well as some other agencies, is generally unresponsive to discovery requests in trial court, for whatever reason.  Typically, our requests for police reports and notes, audio and video records, and other evidence are ignored; we will get to see the evidence when we show up for court.  But what happens when that evidence is lost or destroyed before an appeal can be prosecuted, and before the defendant ... Read More »