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Tag Archives: Mississippi DUI

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 »

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 »

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 »

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 »