How many DUI tickets were given over July 4th weekend in Mississippi?
July 7, 2008 | Leave a Comment
I’m not sure just yet. However I did hear on my drive to work this morning that the Mississippi Highway Patrol issued over 5,000 tickets this past holiday weekend and that the majority were for DUI.
That means that, according to the highway patrol, at least 2,500 arrests were made for driving under the influence in Mississippi. And I’m willing to bet that many of those were given by overzealous patrolmen who were out just to hit their “quota” without regard to whether the driver was actually impaired.
Remember, if you have anything to drink be extremely careful before you decide to drive any type of vehicle. If you are pulled over the deck is stacked against you, even if you aren’t drunk. Officers are simply looking to arrest as many people as possible, and if you have even the faintest smell of alcohol on your breath that could mean a quick one way visit to the local jail and end up with you receiving a DUI.
If you have been arrested for a DUI in Mississippi know your rights. Don’t go to court alone, hire the best DUI attorney you can, don’t give up without a fight, and read our FREE book “How to Select a Mississippi DUI Lawyer“. To receive our free dui lawyer book just go to our contact page now and we’ll email it to you today!
Are we one of the best criminal defense blogs on the web?
June 25, 2008 | Leave a Comment
Only time will tell. We do feel that we offer some of the best and most up to date information on the web concerning Mississippi and Tennessee DUI laws and possession laws.
Jamie Spencer over at the Austin Criminal Defense Lawyer blog is holding a survey to see which criminal law blogs are among the best in the country. Email Mr. Spencer and let him know about your favorite criminal law blog at jamie@austindefense.com. Any mention of our mississippi and tennessee dui blogs would of course be appreciated.
Mississippi DUI Defense Attorney How To’s: How to Avoid a DUI This Summer
June 16, 2008 | Leave a Comment
Mississippi Highway Patrol and local police and sheriff’s departments will be stepping up DUI enforcement over the summer. Law Enforcement agencies usually begin ramping up their DUI arrests around Memorial Day weekend, and usually contiue through Labor Day weekend.
If you want to avoid being convicted for a DUI here in Mississippi then memorize these tips. They may come in handy and if you are pulled these tips might help you when you speak to a DUI lawyer about your ticket.
1. If you drive during the summer holidays, and you plan on having a cocktail or two, make sure you know where your license, registration and proof of insurance are. Police historically write in their DUI reports (putting only facts that harm you in them) that the suspect “fumbled for his wallet” and couldn’t find his registration. They use this to try to show you were impaired. Be prepared.
2. When you get signaled by the officer to pull over for a DUI assessment, do so immediately and safely. Roll down your window and put your hands on the steering wheel. Don’t get out and don’t say anything.
3. When the officer comes up to you and asks asks “Do you know why you are being pulled over”, remember you don’t have to answer and you shouldn’t answer his question. What a dumb question! He knows why he is pulling you over. He is pulling you over to assess you for drunk driving, and he’s using the fact that you might have committed some minor vehicle code violations as an excuse. Don’t make any admissions to him. Just say “no”!
4. The next question the officer is likely to ask is, “Have you had anything to drink tonight.” Remember your rights? You are not required to speak to officers. I know, I know, you think, “But if I don’t talk to the officer, he will be mad.” Let him be mad. You are not at a social gathering; he is not invited to your New Year’s day party. So don’t worry about how he feels. He is collecting evidence against you. Don’t give him any. It is best to say, “Officer, I appreciate what you do for a living, but I don’t wish to answer any of your questions.” You do NOT have to answer. The less from you he gets, the better for you in the long run. He is gathering evidence. But, you say, maybe he will let me go if he knows I’m being honest with him. NO. Most people who are pulled over and have alcohol on their breath get arrested. It’s just a fact of life. Don’t give him anything to put in that report that he can use against you later.
5. He may then say, “I’d like you to complete a series of tests for me.” Again, let him know that you do not wish to participate in any tests. You are not required to comply. Officers try to give a series of field tests to determine if you are impaired. I have NEVER known any officer to do these as per the standardized protocol. Cops learn how to do these, and then promptly forget them, making up their own “tests.” Do not do them. Do NOT let the officer collect more false “evidence” against you. Just reiterate that you do not wish to perform and tests. It’s your right.
6. The DUI investigation officer may then tell you he wants you to take an in field breath, hand held, breath test. Do not take this “test.” It is unreliable, and regularly exhibits blood alcohol numbers higher than what you really are. The cop really, really wants you to do this now, because you have made no statements, and you have refused his field “tests.” He wants this badly. He NEEDS some evidence. Do not do it. You are NOT required to blow into the little hand held machine.
7. The officer will most likely arrest you, cuff and take you downtown. You will then be given the chance to blow into the “Breathalyzer”. It is up to you whether or not you wish to blow. However, you should be aware that if you do not blow then you are guilty of violating the Mississippi Implied Consent law. This is a civil law and not a criminal law however. If you do not blow then you will automatically lose your license for 90 days. However, this is not the same as a DUI. You can be guilty of violating the Implied Consent law but NOT guilty of a DUI. If you choose not to blow and have followed these tips then the officer will have little evidence of to prove that you were intoxicated. This doesn’t mean that you will be found not guilty, but it can help your chances.
A few pointers: If you are still absorbing alcohol, the breath test will read high. It is also an INDIRECT measurement of blood alcohol level.
You that you, or your DUI lawyer, must call the Department of Motor Vehicle within ten days of the arrest to secure a hearing to determine whether or not the DMV will take your license. Do not miss this deadline or you will be suspended automatically.
So, be careful. Don’t drink and drive if you can help it. Drive safely. Don’t talk to cops. Be polite, but do not let them gather inculpatory evidence against you. And when you get home call a Mississippi DUI Lawyer.
Starkville Mississippi DUI Statistics
June 5, 2008 | Leave a Comment
In my last post I wrote how there seem to be a disproportinally high number of duis coming from college towns such as Starkville and Oxford, MS. So today I wanted to actually post a statistic.
According to the Starkvill Sheriff’s department and Starkville Police department, in 2007 there were roughly 340 DUI arrests made in Starkville. There is a rough population of 22,000 people in Starkville plus a student population of around 16,500. However many of those students are actually counted as both students and Starkville residents. So for this post let’s just assume that one-third of the student’s are also counted as residents. This would mean that there are around 33,000 people living in Starkville.
Using these figures (which are just rough numbers) we can see that out1 of every 97 people living in Starkville is arrested for a DUI each year. This is a staggering number.
To give you something to compare this against we can look at Memphis DUI statistics. Memphis has metro population of about 1.1 million people. Last year there were around 2,100 DUI tickets given in Memphis. That means that in Memphis 1 person out of every 523 received a DUI last year. That’s an enormous difference in the percentage receiving a DUI.
What this means is that you should be sure to not Drive Drunk in Starkville. But if you do make sure to request our FREE BOOK “How to Select a DUI Lawyer and MS DUI Defense Guide”. It let’s you know what questions to ask when trying to find the best dui lawyer to represent you. Just go to our contact page and request it now or call us at 888-323-1384.
Q & A regarding your DUI Charge
June 4, 2008 | Leave a Comment
Q. I took a breathalyzer test and failed it. Why should I hire an attorney? I thought this meant there is nothing I can do and am guilty of DUI.
A. You should always have a DUI attorney look at your case and analyze the facts. It’s possible that the officer giving the test did so improperly or didn’t follow the correct steps in your arrest. An experienced DUI Lawyer could possibly have you found “Not Guilty” under the best circumstances or at least have the charges reduced. This could mean lower fines and reduced or even no jail time for your dui arrest.
It’s also possible that the arresting police officer did not have what is called “probable cause” to pull you over. If this occured then your breath test is not admissible in court.
Are there DUI “Witch Hunts” in Starkville and Oxford?
June 3, 2008 | Leave a Comment
In college towns such as Starkville and Oxford there always seem to be a disproportionally high number of arrests for DUI relative to their population. Of course part of this is due to the large amount of students living in town.
However, this isn’t the only reason for such high numbers of DUI arrests in Starkville and Oxford. The real reason is that these towns find themselves in a “witch hunt” to arrest as many people for DUI as possible. As a former clerk with the District Attorney’s office in Oxford I saw this firsthand.
Many times the police and sheriff’s department are so overzealous that they become a detriment of those living in these communities because of their blatant abuse of authority. What usually happens is that the police will often illegally stop students with no probable cause just to see if they have been drinking. This is illegal, the police must have a valid excuse to pull over anyone. Simple suspicion of DUI is not an excuse.
Police in Starkville and Oxford seem to believe that anytime you drink and drive it is illegal. But this is not the case. The fact is that anyone can drink in drive in any of the 50 states. Millions of people do this each and every day. What you can’t do is drive while being drunk. In Mississippi driving while drunk means having a blood alcohol content of .08 or higher. Unfortunately Starkville and Oxford police seem to believe that drinking anything and driving is illegal.
Remember to never drive while being drunk. But if you have been arrested for a DUI make your first call to an experienced DUI Lawyer. A good DUI attorney can often times find issues that will allow them to help have your charged reduced or dropped altogether.
Before you select a DUI Lawyer to represent you make sure that you request our FREE BOOK “How To Choose a DUI Lawyer and The Unauthorized Guide to DUI Defense”. Just request it from our homepage here or call our office at 888-323-1DUI (1384)
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.
