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)
War Stories - Mississippi DUI Second Offense Charges Reduced
May 24, 2008 | Leave a Comment
Last week we represented a client from out-of-state who was arrested and charged with DUI second offense in Tunica County and possession of Marijuana in a motor vehicle. This client retained our law firm less than 16 hours before his trial date. Although we normally do not accept DUI cases under such time constraints we chose to to take his case.
He had been pulled over by the Tunica County Sheriff’’s office and had failed the breathalyzer test after being pulled over for weaving. The charge for DUI second offense in Mississippi comes with an automatic 5 day jail term and would have cost this client his job.
We where able to have the possession charges dismissed because of lack of evidence and the DUI charge reduced to 1st offense DUI because of lack of authority evidence showing proof of the intitial DUI. Our client was very excited to be able to drive back home that same day without serving any jail time and without losing his job.
If you’ve been arrested for a DUI and need the help of an experienced DUI lawyer make sure to give us a call at 901-754-1340. We serve Olive Branch, Southaven, Horn Lake, Starkville, Oxford, Tunica, Holly Springs and all of North Mississippi.
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
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.
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.
