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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.

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 »

Clearing DUI Records in Mississippi

On April 11, 2013, Mississippi Governor Phil Bryant signed into law House Bill 481, which introduces several changes to Mississippi’s DUI laws.  While I have previously addressed the ways in which this bill “cracks down” on impaired drivers, it also provides a benefit to potentially thousands of people who have been convicted of DUI.  Effective next year, anyone who has been convicted of a first offense DUI prior to the law’s effective date may be eligible to have their DUI ... Read More »

(Barely) Driving Under the Influence in Mississippi?

On Tuesday, May 14, 2013, the national Traffic Safety Board (NTSB) announced its new set of strategies for combating drunk driving.  The goal of the proposed interventions would be “to eliminate alcohol-impaired driving crashes.”  And chief among the proposals is lowering the threshold blood alcohol concentration (BAC) across the country.  Specifically, the NTSB is now urging all states to lower the threshold from .08 percent BAC to .05 percent BAC, a reduction of 37.5 percent.   But what does this ... Read More »

NHTSA Fights Back Against Succesful DUI Attorneys

DUI defense is undoubtedly a specialized and increasingly complex area of legal practice.  And with the pervasiveness of social media, such as this blog, DUI defense attorneys are expanding and refining their defense strategies and techniques.  But the National Highway Traffic Safety Administration (NHTSA) is apparently not pleased with the resulting effectiveness of DUI defense attorneys. NHTSA recently published a report entitled Challenges and Defenses II: Claims and Responses to Common Challenges and Defenses in Driving While Impaired Cases.  The ... Read More »

Tougher DUI Laws Await Mississippi Governor’s Signature

Just this week, a Hattiesburg man was sentenced to serve 50 years for the death of Leslie Byrd and her unborn child.  The man, Matt Davis, pleaded guilty to the aggravated DUI charge, which alleged that his BAC was .16% at the time of the head-on collision that caused the deaths of Byrd and her unborn child.  The prosecutor also noted that Davis was charged with DUI on two prior occasions. In light of this and the many similar stories ... Read More »

Mississippi Man Receives 25 Year Sentence: The High Costs of Driving Under the Influence

It is no secret that financial disincentives have assumed a primary role in crime deterrence, especially in regards to driving under the influence and related crimes.  But many fail to realize the enormity of the financial impact a DUI conviction may have.  In Mississippi, one will not only pay fines up to $1,500 (for a misdemeanor) or $5,000 (for a felony), but they must also pay to attend the Mississippi Alcohol Safety Education Program (MASEP), maintain high-risk auto liability insurance, and possibly the installation of ... Read More »

St. Paddy’s Warning: Green Tongue Could Get You a DUI!

For all of those who will be celebrating St. Patrick’s Day, you may find yourself wanting to eat green-colored foods and drink green-colored beverages.  After all, that’s the tradition.  But in light of recent trends in DUI enforcement, especially in the state of Washington, that may not be a great idea. According to Mike Simmons, he was recently arrested for DUI in Kent, Washington, while on his lunch break.  When the officer stopped him, Simmons found it bizarre that the ... Read More »

Alcohol + Energy Drink = GIVE ME MORE!

It should be no surprise that the energy drink market has grown tremendously.  One would be hard pressed to walk into most supermarkets or convenience stores without passing by cooler stocked with a variety of energy drinks.  In fact, one report notes that the industry grew more than sixty percent between 2008 and 2012; for the year ending April 15, 2012, the market was estimated to be worth $12.5 billion. And with the market booming, it should come as no ... Read More »