How Much Will My DUI Cost Me?
January 30, 2008 | 1 Comment
So, you’ve received a DUI in North Mississippi! How much is your Mississippi DUI going to cost you? $500, $1,000 maybe $,1500?
If your arrested and convicted for a Mississippi DUI you’d be surprised at the cost. The penalty with a conviction for a Mississippi DUI will cost you for years to come. Here’s a look at the cost from CNBC.
Drunk Driving Could Cost $20,000
CNBC News. Dec. 14 - Twenty thousand dollars sounds like a lot to pay for a drink at a holiday party, but if that last cocktail puts you over the legal limit, that “one for the road” could easily cost you that or more.
One drink too many puts you at risk for not only an arrest, but also for fees, fines and costs that can run you thousands of dollars. While a DUI or DWI may be a misdemeanor charge in a number of jurisdictions, it’s a matter that most judges and district attorneys take very seriously. The financial toll of a conviction will play out for years to come, and in many states that can add up to $20,000 before everything is over. This includes bail, fines, legal fees, increased auto insurance premiums, loss of work income, court-ordered alcohol education programs and more.
Of course, if you get fired from your job as a result of the arrest, that dollar figure would skyrocket…
The Texas Department of Transportation says a June 2006 survey in that state showed the total costs of a DWI arrest and conviction - for a first time offender with no accident involved - would range from $9,000 to $24,000.
In many states today, you’re better off committing a felony burglary, for example, than a misdemeanor DUI. The difference between .07% and .08% alcohol in your blood could be the difference between a brief detention and a nightmare in the legal system with a $20,000 price tag.
‘Ever wonder why?
So the next time you decide to drink and drive think about the consequences. Not only will a Mississippi DUI cost you over $20,000 in higher insurance costs, court costs, and lost income, it could cost even more if you harm someone when you’re behind the wheel. Remember never drink and drive, but if you feel that you need a North Mississippi DUI attorney then give us a call.
(special thanks to Lawrence Taylor’s blog for alerting us to the CNBC article)
DUI Entrapment in Mississippi
January 30, 2008 | Leave a Comment
Although he’s not a Mississippi DUI lawyer, dui attorney Lawrence Taylor is an expert in the dui defense field. He had an excellent post on DUI entrapment that takes a look at how police and the courts have looked at dui entrapment.
You can view his post on his site here or just read it below.
DUI Entrapment
Monday, December 13th, 2004
Suppose a police officer asks or orders an individual to drive a vehicle - and then arrests him for DUI when he complies?This situation comes up more often than you might think. Take, for example, the following case that eventually made its way to the New Jersey Supreme Court….
The defendant asked his brothers at a wedding reception to drive him home because he was too intoxicated to drive. In the parking lot, however, the brothers got into a fight, attracting the attention of local police. One of the officers struck a brother with his nightstick. The defendant asked the officer to quit hitting his brother. The officer replied by ordering him to leave the parking lot. When the defendant did not immediately comply, the officer repeated the order and then forcefully escorted him to his truck. The defendant obediently got into the vehicle, started the engine - and backed into a police car.
He was arrested for drunk driving.
At trial, the judge ruled that the defendant had failed to prove entrapment or duress as a defense, and he was convicted. On appeal, however, the conviction was reversed on grounds of quasi-entrapment - that is, the defendant should have been acquitted if he could show that but for the officer’s order to leave in the vehicle he would not have driven. The prosecution appealed this reversal to the state’s supreme court.
Incredibly, the supreme court reversed the lower court and reinstated the conviction. Its reasoning? “Obviously,” the court said, “if the law were to permit [drunk drivers] to offer as a defense that they drove only because they reasonably feared that telling the police that they were drunk might lead to arrest, the invitation to offer a pretext would be clear”. The court continued its twisted logic:
“No one ordered the defendant to get drunk and no one ordered defendant to drive drunk. The police did not coerce defendant into driving his vehicle through the use or threats of violence. The police officers merely ordered defendant to get in his truck and leave the scene of the fight….” (Emphasis added) State v. Fogarty, 607 A.2d 624 (N.J. 1992).
This “no win” scenario is fairly typical of what I have referred to in earlier posts as “the DUI exception to the Constitution”.
Two-tiered level of DUI
December 14, 2007 | Leave a Comment
Mississippi lawyers might be looking at new classifications of dui’s in the future if what is going on in the West Virginia legislature is any indication.
West Virginia has a bill up that will change the ways that dui’s are prosecuted. The new legislation would make it so that two different tiers of dui’s are created.
Tier 1 would be for all dui’s in which the person blew a .08 to a .14 into the breathalyzer. For these dui’s the person would no longer need to serve 24 hours in jail and would instead be released after a few hours with just time served.
Tier 2 would be for what will be called “aggravated dui’s” in which a breathalyzer reading of .15 or higher was reached. These individuals would then be required to stay in jail for at least 48 hours.
The reasoning behind he law is that West Virginia is trying to lower the number of people required to stay in jail in order to help a crowded jail population. Currently all offenders are required to stay at least 24 hours in jail.
If this new law goes into effect it should give anyone arrested in West Virginia even more reason to hire a dui lawyer. Why you might ask? Because breathalyzer’s are not infallible. In fact they are very often wrong and an experienced dui lawyer should be able to point that out to the court. Here the difference between .14 and .15 could mean an extra few days spent in jail, and thousands of extra dollars in insurance and other costs, not to mention to possible loss of a job for being convicted of “aggravated dui”.
To get a copy of the free report “The Unauthorized Guide to Mississippi DUI Defense” written by DUI Lawyer James Ferrell, just email us at info@lawferrell.com or call our 24/7 automated line at 1-800-546-2713 today.
Mississippi DUI Lawyers, “It just depends on how good of an attorney you get,”.
December 7, 2007 | Leave a Comment
In an article running in today’s Memphis Commercial Appeal, Memphis Metro DUI Seargent Chris Jones huffs that when it comes to getting out of a DUI, “It just depends on how good of an attorney you get.”
The article in the paper also states that Since 2003, the Shelby County Attorney General’s Office has had a DUI Prosecution Task Force. That head of that task force is prosecuting attorney Charles Bell, who spent more than a dozen years prosecuting violent crimes.
Mr. Bell had this to say about prosecuting DUI cases, “I came to DUI, quite honestly, not realizing how difficult it is to prosecute cases,” he says.
The article goes on to talk about how Memphis and Shelby County are working together to try and crackdown on drinking and driving this holiday season.
At one point in the article the prosecutor is quoted as saying “You can be a little buzzed and be impaired” and follows that up by saying “On the other hand, I’m sure the defense bar will tell you it’s not illegal to have a drink and drive.” These quotes came in response to whether he thought the breathalyzer even mattered, which he apparently does not believe.
It seems that Mr. Bell thinks that anyone drinking and driving should be arrested for DUI. The problem is that it is not against the law to drink and drive. It is only against the law the be intoxicated and drive. There’s a big difference between the two, but I guess Mr. Bell doesn’t think so. In his opinion if you’ve had a beer and drive then you should be behind bars.
This is the type prosecutor and officer that you’ll be against when facing a DUI charge. Unfortunately they sometimes don’t care about the law, just about putting someone behind bars.
To read the full article you can click here.
To get a copy of the free report “The Unauthorized Guide to Mississippi DUI Defense” written by DUI Lawyer James Ferrell, just email us at info@lawferrell.com or call our 24/7 automated line at 1-800-546-2713 today.
Olive Branch, Mississippi Receives Grant for New DUI Officer
December 7, 2007 | Leave a Comment
According to the latest issue of the Desoto Times the city of Olive Branch will be adding a new DUI officer to the city payrolls courtesy of a $42,000 grant received through the state.
This is good news for everyone in Olive Branch. Adding a well-trained DUI officer should end some of the unneccesary arrests that occur each year when a poorly trained officer arrests someone for DUI who clearly is not intoxicated. The truth is that a well-trained DUI officer really helps the community in two ways. The first is that he gets people off the streets who shouldn’t be driving and the second way is that he actually cuts down on the number of arrests where people weren’t actually drunk.
Statistically speaking, DUI field sobriety tests are only accurate roughly 60% of the time. That means that a large number of people who are arrested each year because of failed sobriety tests were actually not intoxicated. That’s a pretty scary statistic. Just think about it. Up to 40% of the people arrested for merely failing a field sobriety test could possibly be not guilty. That’s why we need experienced law officers and that’s why you need a good dui lawyer.
To get a copy of the free report “The Unauthorized Guide to Mississippi DUI Defense” written by DUI Lawyer James Ferrell, just email us at info@lawferrell.com or call our 24/7 automated line at 1-800-546-2713 today.
Olive Branch, Mississippi DUI Statistics
December 5, 2007 | Leave a Comment
For the week ending November 29, 2007 the City of Olive Branch, Mississippi issued four citations for DUI and one citation for refusing a sobriety test.
To get a copy of the free report “The Unauthorized Guide to Memphis DUI Defense” or “The Unauthorized Guide to Mississippi DUI Defense” written by DUI Lawyer James Ferrell, just email us at info@lawferrell.com or call our 24/7 automated line at 1-800-546-2713 today.
Famous DUI’s!
December 5, 2007 | 1 Comment
If you’re like most people when they receive a DUI here in DeSoto County, Tunica County or anywhere else in North Mississippi the first thing you think is that you’re life is over. And although a DUI does hamper many aspects of your life a conviction is not going to ruin your life forever (it just makes it more difficult).
A DUI conviction in Kennebunkport, Maine didn’t seem to stop a young George W. Bush from going on to become the future President. And two convictions of Dick Cheney didn’t stop him from later becoming a Vice-President.
Here in Tennessee State Senator Jerry Cooper recently received a DUI. As did Al Gore’s son Al Gore, Jr. when visiting California.
Several mayors around the country have been convicted. The list includes the mayor of Boise, Idaho; Carson City, Nevada; Gore, Oklahoma, Norton, Ohio and more.
Even prosecutors get in on the act sometimes. As is the case in Miami where the city prosecutor hit two people riding a scooter while he was driving under the influence.
Remember, it’s best not to drink and drive. But if you have been convicted it doesn’t mean your life is over. Just make sure that you know your rights.
To get a copy of the free report “The Unauthorized Guide to Mississippi DUI Defense” just email us at info@lawferrell.com or call our 24/7 automated line at 1-800-546-2713 today.
DUI Conviction Worse Than a Violent Felony?
December 5, 2007 | Leave a Comment
Here’s an interesting article from The Tennessean that looks at how a DUI Conviction in Tennessee can stick with you for life. You’d be better off if you’re arrested for domestic violence, burglary or almost any other felony except for misdemeanor DUI in Tennessee.
And although this article is about Tennessee it might as well have been written about a Mississippi DUI. A DUI here in Mississippi will stick with you the rest of your life.
DUI convictions can’t be erased
By SHEILA BURKE Staff Writer -What can a drug user, wife beater and burglar do that someone convicted of driving under the influence can’t?Under Tennessee law, all but DUI offenders are eligible to have their criminal records wiped clean. Such harsh terms normally apply only to the most violent perpetrators, such as murderers and sexual predators.
Criminal defense attorneys say that’s one more reason drivers should be careful this holiday season, a time when DUI arrests typically rise… click here to read the rest of the article
It seems to me that DUI offenders are everyone’s favorite easy target these days. If you’ve been arrested for DUI make sure that you speak with a lawyer and know the repercussions before going to court alone.
To get a copy of the free report “The Unauthorized Guide to Mississippi DUI Defense” just email us at info@lawferrell.com or call our 24/7 automated line at 1-800-546-2713 today.
Will Mississippi be putting more bite into liquor laws?
November 28, 2007 | Leave a Comment
USA Today had an interesting post today that looks at how new liquor laws that are in effect in TX and NJ could effect everyone from bar owners to restauranteurs here in Memphis and surrounding ares.
The article discusses how states such as Texas, New Jersey and Washington have began compiling lists of “top drinking establishments” by asking people who have been pulled over for DUI where they had there last drink.
This new rule to me seems invasive of privacy. It also opens up all types of problems for restaurants and bars. Yes, these establishments need to serve their patrons drinks in a responsible manor. But where does the liability for what someone does on their own cut off?
Here is the link with the full article, http://www.usatoday.com/news/nation/2007-11-27-last-drink_N.htm, let me know what you guys think in the comment section.
P.S. always remember if you’ve found yourself in a tough situation with a DUI and need help call us at the Ferrell Law Firm. That’s what we are here for.
Illegal Roadblocks and Checkpoints
November 28, 2007 | Leave a Comment
HOLIDAY SEASON UPDATE During the holiday season, many local police departments and the Mississippi Highway Patrol will utilize roadblocks and checkpoints in order to reduce alcohol-related accidents and increase safety for all drivers on the roads. Many arrests and seizures will be made courtesy of these roadblock and checkpoints, but many of these setups will be found unconstitutional under both Federal and Tennessee case law. Moreover, because most government offices and public works are closed during the holiday season, it will be months before charges will be dismissed. Know your rights and avoid the holiday headache of an unfair and unlawful DUI charge. Always remember though, driving while intoxicated or under the influence of drugs greatly endangers you and other drivers on the road. Always drink responsibly and designate a driver.
SEARCHES AND SEIZURES Federal case law and the Fourth Amendment of the Constitution protect citizens from unreasonable searches and seizures. Case law decided under Article I, Section 7 of the Tennessee Constitution go even further to protect individual liberties. Under Tennessee case law, you have been seized by a law enforcement agent as soon as the blue lights are turned on. The officer must have probable cause and reasonable suspicion of wrongdoing before they walk up to your car. There must be individualized suspicion not generalized profiling. Always drive carefully and with your seatbelt on.
ROADBLOCKS AND CHECKPOINTS The officers involved cannot make the decision to have a roadblock or checkpoint nor can they decide for themselves the operating procedures. Valid roadblocks and checkpoints must have clear operational guidelines, be conducted under supervisory authority and for a compelling state interest. The purpose of the roadblock or checkpoint must be the actual stated purpose and not a blanket disguise to detect any criminal wrongdoing. Tennessee Department of Safety General Order 410-1 lays out the appropriate guidelines for the Tennessee Highway Patrol and serves as a guideline for local law enforcement.
- - Clear notice. This means not only notice on the road for advancing traffic but also notice to the local community at large. Watch your local news and listen to the local radio stations for advertisements and warnings.
- - Uniformed officers. Patrol cars with flashing lights must be present. Look for clear markings of which law enforcement agencies are present. Don’t open your windows or doors without being sure that you are in the custody of real law enforcement officers.
- - Safe and visible area. The goal of law enforcement is public safety. Hidden or concealed stopping points are unnecessarily dangerous to everyone involved, regardless of the precautions taken by the officer. Make sure your vehicle is clear of and clearly visible to the continuing traffic.
- - Stop all cars. Both directions of travel should be subject to the same traffic congestion. There must be no discretion left to the conducting officers.
KNOW YOUR RIGHTS All public laws are created to protect and serve society as a whole as well as maintaining individual liberties. Conduct yourself as a good citizen and obey the rules of the roads. Good citizens do not deserve unnecessary intimidation by law enforcement trying to weed out the bad apples and increase revenues by writing expensive citations. Know the laws and your rights under the laws.
Have a safe and happy holiday season, and a happy new year!
