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Mississippi DUI News

Mississippi DUI Charges: Which State Courts Are They Filed In?

Mississippi DUI Charges: Which State Courts Are They Filed In? I am often asked by folks unfamiliar with the subject various questions regarding which court one must go to if charged with a DUI in Mississippi. Those are fair questions (usually), as the Mississippi state court system consists of a myriad of trial and appellate courts for civil, criminal, and family law cases. So, if you are indeed accused of a DUI charge in Mississippi, which of the various trial ... Read More »

Nervous Equals Drunk?

According to the “DWI Detection and Standardized Field Sobriety Testing (SFST)” manuals that are produced by the National Highway Traffic Safety Administration (NHTSA), some of the post-stop “clues” of impairment that officers are trained to look for include fumbling with or having trouble retrieving and producing a driver’s license, registration, or proof of insurance. Such actions are, seemingly, indications of driver impairment from alcohol or drugs, or both. Recently, a Montana driver allegedly had a great deal of trouble producing ... Read More »

Trial by Jury, an Important Aspect of Our Legal System, is Disappearing

In a New York Times Article the Judiciary is quoted as saying that the criminal trial is becoming a rare occurrence in the American courtroom. A national reduction in the number of trials, “both criminal and civil, has been noted in law journal articles, bar association studies and judicial opinions.” This trend is a loss for the American Justice System because it is common knowledge that our system is one where justice is handed out by a jury of our ... Read More »

What is “Drunk Driving” in Mississippi?

“Drunk driving” is a loosely used phrase throughout the country. Mothers Against Drunk Driving. Students Against Drunk Driving. Buzzed Driving is Drunk Driving. [Insert the name of a celebrity or athlete] Busted for Drunk Driving! The organizations, slogans, and headlines aside, is “drunk driving” really what our law says is a crime? No. Actually, our law – specifically Mississippi law – criminalizes “driving the under the influence,” most commonly referred to as “DUI.” One can drive under the influence without ... Read More »

The Guilty Plea Trap

Society (potential employers) will all check your background prior to allowing you to pass on that path of your life that brought you to them. This includes employers, military, and literally everyone in your future involving employment, finance, life insurance, car insurance, credit report, house and vehicle purchases; schools, both primary and college and professional schools. These background checks may be by both law enforcement and private sector data bases. Arrest/ Conviction records are absolute career ending events. Most folks ... Read More »

Police Aren’t Above The Law

An officer of the law in Lake County, Indiana, faces the charges of Driving Under the Influence and is the cause of a hit-and-run accident. The Indiana State Police stated that “Lieutenant Guy Mikulich was in an unmarked police car” while driving on Sunday at 4:48 p.m. when he hit a 34-year-old man who was standing outside by his vehicle on Oak Avenue in Miller Beach. Officer Mikulich is a 16-year veteran of the sheriff’s department and had been working ... Read More »

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 »

Breathometer

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! (Seewww.breathometer.com 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 and “The Scarlet Letter”

A “Scarlet Letter” bill designed to shame repeat DUI offenders into compliance with the law has recently been proposed in Mississippi. State Rep. Gary Chism drew attention for suggesting a “Scarlet Letter Tag bill” that would require individuals convicted of two or more DUI’s in the State of Mississippi to have a “Scarlet Letter” tag on their license plate.[1] The tag would be yellow with red writing on it and the idea behind the bill is to use social stigma ... 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 »