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Mississippi DUI News

(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 »

DUI Hard-Charger Falls on Hard Times

According to reports from various news outlets, including ABC and Fox News, several hundred DUI arrests in Utah are now in question following a lawsuit filed last month.  The two plaintiffs, Thomas Romero and Julie Tapia, filed their complaint in the U. S. District Court in Utah, alleging civil rights violations by former Utah State Trooper Lisa Steed.  Romero alleges that Steed arrested him for DUI when his BAC was 0.00; Tapia similarly claims that Steed arrested her for DUI ... Read More »

Mississippi Senate Bill 2183: Ending Beer Discrimination or Enabling Abuse?

With the ratification of the 21st Amendment in 1933, prohibition came to an end.  The federal government, as well as the several states, exercising their new-found authority to regulate the substance, began passing laws to provide for its manufacture, consumption, and possession.  And amid the deluge of subsequent legislation, the federal legislature was kind enough to allow for in-home production of wine; but they apparently forgot about beer.  In fact, it was not until 1979 that the home brewing of ... Read More »

MADD Science in Mississippi: Ignition Interlock Devices for Everyone?

According to the National Highway Traffic Safety Administration (NHTSA), there were more than 10,000 DUI-related fatalities in 2010.  NHTSA also reports that DUI-related traffic crashes cost an estimated $37 billion annually.  And although many of us are likely familiar with these statistics, they attest to the truth of the matter: the social consequences of drunk driving are severe. In response, Mothers Against Drunk Driving tirelessly seeks to reciprocate by lobbying for equally severe consequences for DUI offenders.  And partly due to ... Read More »

Proposed Mississippi DUI Law Change Would Allow Online MASEP Classes

Mississippi law requires that drivers convicted of DUI First Offense “attend and complete an alcohol safety education program.”  Mississippi Code Annotated section 63-11-30 not only includes MASEP as a sentencing requirement, but it also establishes MASEP completion as a prerequisite for obtaining driver’s license reinstatement or a hardship license pursuant to the 90-day administrative suspension provision.  Clearly, then, MASEP is unavoidable for first offenders convicted under Mississippi’s DUI statute. Authority for the MASEP program is found in Mississippi Code Annotated section 63-11-32.  In addition to providing ... Read More »