Mississippi DUI Lawyers Know Not to Rely on Breath Tests
February 26, 2008 | Leave a Comment
Here in Mississippi the police and prosecutors want you to think that just because you might have blown over .08 on the intoxilizer you are guilty of a DUI. But this just isn’t true. There are several things that could cause an improper reading. Among these are; a damaged breathalyzer, a machine that is not properly calibrated or the officer could have just used it incorrectly. As Mississippi DUI lawyers it’s our duty to our clients to make sure that all of these issues are looked into. We want to make sure that we give you the best possible defense in your Mississippi DUI case.
The following article shows where eleven dui arrests were thrown out because of faulty machines.
EAST WENATCHEE — A prosecutor’s decision to throw out breath-test evidence in 11 DUI cases in Douglas County could affect several DUI cases in Chelan County as well.
Chelan County Deputy Prosecutor Allen Blackmon said breath-test evidence for between nine and 11 DUI cases, dating to as far back as last summer, could be thrown out. However, the cases can still be prosecuted without breath-test evidence.
This stems from a Feb. 20 Douglas County District Court hearing during which Douglas County Deputy Prosecutor Gordon Edgar agreed not to use the breath-test evidence for 11 Douglas County DUI cases because of a possible problem with the machine used to get the results.
The results were obtained using one of two machines at Chelan County Regional Justice Center. Steve Woods, one of the attorneys who presented the motion that the results not be used as evidence, said a solution used to certify one of the machines was not properly prepared.
The motion was the result of a ruling in a King County case last month in which three judges threw out breath-test results in eight DUI cases due to problems at the State Patrol’s toxicology lab.
Ted Vosk, one of the attorneys who argued the King County case, was one of several attorneys who argued the Douglas County case. He argued that because the solution was not properly prepared, the results were not admissible in court, said Woods.
On Friday, a hearing in Chelan County District Court during which a motion was going to be made to suppress breath-test evidence for the same reason was rescheduled to April 9.
Blackmon said he wants to get the facts straight from the source before deciding not to use the evidence in any Chelan County cases.
“It’s possible we could have the same results here because both Douglas and Chelan counties use the same machines, but I want to talk to the toxicologists myself and get the information about the machines and their certification firsthand before I make any decisions,” Blackmon said Monday morning.
Woods said he believes prosecutors in Douglas County will still pursue the charges against the 11 DUI suspects without the breath-test evidence.
He said the prosecution’s decision to not admit the evidence could affect the results of every breath test taken at that machine between December 2006 and December 2007, the period between certifications.
“It’s possible that more than these 11 cases were affected. Right now we’re looking at cases to see if there are others that might be impacted,” Woods said.
source: The Wenatche World
Our Mississippi DUI Lawyer Fees
February 25, 2008 | Leave a Comment
Our North Misssissippi DUI Lawyers offer some of the most competitive fees in the state. Mississippi DUI lawyers can cost from $3,000 -$15,000. Our fees are substantially less than these, and remember we literally wrote the guide to Mississippi DUI defense.Also, remember that most other attorneys won’t tell you how much they will charge until they’ve met you and “sized you up”. We quote all our clients the same flat-fee price!
Our Fee for a Mississippi DUI - First Offense
$2,500
Mississippi DUI - Second Offense
$5,500
First Offense DUI in North Mississippi
February 19, 2008 | Leave a Comment
North Mississippi DUI attorneys understand that if you are charged with DUI for the first time, you are probably concerned and worried about your future. Our Desoto County and Tunica County DUI lawyers realize that Driving Under the Influence is typically not a crime involving malice. Many individuals charged with DUI are not familiar with the criminal justice system. The Mississippi DUI laws and regulations are confusing and seem to change frequently.U
nder Mississippi law penalties for the first offense are a fine of $250 to $1,000, in addition to any city or municipal fines and court costs, and/or 48 hours in jail. At the court’s discretion, a Victim Impact Panel may be substituted for the 48 hours of jail time. In addition, the court usually requires the completion of an Alcohol Safety Education Program administered by the Mississippi Alcohol Safety Program. Finally, the court will suspend your license for a minimum of 90 days.
After the first offense, you can apply for a “hardship exception” to the license suspension. Obtaining this will permit you to drive (1) to work, (2) to attend school, and (3) to obtain medical care.
A first offense DUI violation is a Class A misdemeanor. The jail time depends upon the circumstances surrounding the conviction.
Contact a North Mississippi DUI lawyer to talk about the facts and circumstances surrounding your case. A DUI attorney can discuss different legal avenues applicable to you. Our North Mississippi attorneys handle DUI cases in Olive Branch, Tunica, Southaven, Horn Lake, Hernando, Oxford, Holly Springs and all of Desoto, Marshall, Tunica, Lafayette Counties.
Contact a North Mississippi DUI Lawyer!
February 19, 2008 | Leave a Comment
North Mississippi DUI lawyers realize that a DUI charge can be intimidating, especially if you don’t know a lot about Mississippi DUI law. Whether your ticket is in Olive Branch, Hernando, Tunica, Southaven, Oxford, Holly Springs or anywhere else in North Mississippi our DUI lawyers can help you understand Mississippi DUI law, and explain your rights and options. If you have questions about the automatic license suspension or the impact a DUI conviction might have on your insurance costs, you may want to talk with a North Mississippi DUI lawyer.
You should not wait until your initial court appearance to start asking questions about your particular case. Contact a North Mississippi DUI lawyer before you appear in court so that your DUI attorney can gather important information he or she needs to make informed decisions about your case. A North Mississippi DUI lawyer can assess your case from your point of view, and advise you on Mississippi DUI law as it applies to your situation.
If you have questions about the sentence you face including whether the mandatory jail time provisions apply to you, contact a North Mississippi DUI lawyer. You may think that there’s no way to successfully challenge a DUI charge, but North Mississippi DUI lawyers know that many cases have weaknesses. These weaknesses often open doors to dismissals or acquittals. Any crack in the state’s case could create an opportunity for a Mississippi DUI lawyer to negotiate for reduced charges or a favorable plea bargain.
Take advantage of the opportunity to learn about your rights under Mississippi law before you take a step in any direction. Contact a North Mississippi DUI attorney if you have been charged with DUI anywhere in North Mississippi. Our DUI attorneys handle DUI cases in DeSoto County, Tunica County, Marshall County, Tate County, Lafayette County and throughout North Mississippi.
