1. Pull Over

After striking a pedestrian, you should pull over as soon as possible. If you continue driving, you could be charged with leaving the scene of an accident. In the case of a serious injury or death, this can easily lead to felony charges in Mississippi. That being said, it is important to pull over in a safe location. If you need to drive a few hundred yards before pulling over, you are perfectly justified in doing so. Parking in an unsafe location will only put you in danger, especially if you are on a dark highway or blind corner. The police will not hold this against you, and it is not illegal to drive a reasonable distance in search of a safe spot.

2. Call 911

After pulling over, you should dial 911. Explain the situation and provide your location. During this initial call, it is important to avoid admitting fault. You can simply say that there has been a traffic collision, and that a pedestrian is injured at your location. From there, you can hang up and wait for first responders to arrive. If you do not have a functioning phone, you may need to flag down another driver and instruct them to call 911. However, you should be very careful when exiting your vehicle. Although it might feel tempting to rush to the pedestrian’s aid, this could expose you to passing vehicles. If you are on a busy or dark road, it might be best to remain in your vehicle. This is especially true if you are not qualified to administer medical aid.

3. Cooperate With Police

After first responders arrive, police will undoubtedly attempt to question you about the incident. Remember, you have the right to remain silent in this situation. Not only that, but the Fifth Amendment ensures that your silence is not a sign of guilt. If you do communicate with police officers, do not admit fault. If you believe that the pedestrian in question ran into the middle of the road without warning or jaywalked, you could inform police officers of these facts.

However, you should know that there is absolutely no obligation to reveal the details of the incident. The benefits of making these statements are questionable, as police officers will probably come to the same conclusions with their own independent investigations. If the pedestrian was truly jaywalking, it should be relatively obvious. For example, you might have struck a pedestrian on a highway – where there are no crosswalks.

You can still cooperate with police officers even if you do not answer their questions. Be polite and follow directions to the greatest extent possible (without incriminating yourself). Note that police officers will probably ask you to carry out some kind of alcohol test. This could be a Standardized Field Sobriety Test (SFST) or a Preliminary Breath Test (PBT). You should know that you are under no obligation to carry out these tests unless you have been arrested on suspicion of DUI. A breath test is considered a form of search under the Fourth Amendment, and police officers need probable cause to conduct these “searches.”

Even if you were intoxicated when you struck the pedestrian, it may not necessarily result in an aggravated DUI. In Mississippi, you can only face penalties for aggravated DUI if you cause a serious injury or death in a “negligent manner.” In other words, you must have committed some kind of traffic infraction in addition to your DUI. If someone dashed in front of your vehicle without warning while you were driving normally, your intoxication may not be a factor.

4. Contact Vic Carmody Jr., P.A. Today

After you pull over and call the police, hang up and dial a criminal defense lawyer. This type of incident can easily lead to criminal charges if you are not careful, and Vic Carmody Jr., P.A. can guide you through the next few steps. A consultation can provide you with greater confidence about the future. With our help, you can avoid making simple mistakes, fight for your rights, and push back against excessive criminal charges. Contact us today to get started.

If you have been charged with fleeing or eluding a law enforcement officer in a motor vehicle, you face serious consequences. Even a fleeing and eluding first offense can bring jail time, and felony charges are possible. But viable defenses to this crime exist. The best defense strategy depends on the facts of your stop. These potential defenses show what may be possible.

Being accused of trying to flee police in Mississippi does not automatically mean a conviction. Prosecutors must prove specific statutory elements beyond a reasonable doubt. Mississippi law treats fleeing or eluding with penalties that scale based on whether the case is charged as a misdemeanor or a felony. Understanding these elements is the first step toward building a strong defense grounded in criminal law.

No Reasonable Suspicion

The most obvious defense for many defendants is the lack of reasonable suspicion. If you were not committing a crime or a traffic violation, police had no reason to believe you were doing anything illegal. It may be unconstitutional for police to attempt to pull you over. Reasonable suspicion is an element the State must prove under the fleeing statute. A traffic stop made without it defeats the charge rather than justifying flight.

Mississippi law states that someone is guilty of fleeing only if the officer meets two conditions. First, the officer must be acting in the lawful performance of duty. Second, the officer must have reasonable suspicion to believe the driver committed a crime.

The Officer Did Not Pull You Over Correctly

Mississippi law details the correct manner in which police must pull you over. If they fail to follow these protocols, you may be justified in continuing to drive.

The law states that police must give a "visible or audible" signal to those they wish to pull over. This might be a hand signal, a vocal signal, an emergency light, or a siren. If the police officer fails to use any of these approved methods, you may be justified in continuing to drive.

You could argue that you had no idea the officer was trying to pull you over. They failed to activate their lights or siren. A defendant who genuinely could not identify the vehicle behind them as law enforcement may defeat the statutory requirement.

Poor visibility, nighttime conditions, or intermittent signals can all impair identification. This defense often overlaps with the unmarked-vehicle defense discussed below, since both challenge the driver's ability to recognize a lawful stop.

You Were Trying to Find a Safe Spot to Pull Over

Mississippi law makes it a defense that you proceeded in a safe manner to a reasonably near, well-lit public place before stopping. Although it might have seemed you were making an attempt to flee, you may have been simply searching the roadway. You may have been looking for a place to pull over that kept average motorists and police officers out of harm's way. Numerous police officers are struck and killed each year by passing motorists after exiting their vehicles. By searching for a safe spot to pull over, you were actually acting in the police officer's best interests.

You Did Not Willfully Disobey the Command

Intent is another important aspect of fleeing laws in Mississippi. The law makes clear that you can only be found guilty of this offense if the prosecution shows that you "willfully" disobeyed the command to pull over. Willfulness is a required element. The prosecution must prove beyond a reasonable doubt that the driver knowingly and deliberately refused to stop. Failing to stop is not enough by itself.

You might not have intended to flee. Instead, you might have continued to drive for other reasons. For example, you might have been playing your music at a higher volume. You might not have heard the sirens. Perhaps you were engaged in an important phone conversation. You failed to notice the sirens in the rear-view mirror.

Ambiguous or delayed signals from officers can also create reasonable doubt on willfulness. If an officer activated lights only briefly or used intermittent sirens, a driver may not have recognized the command to stop. Medical events such as a sudden health episode can undercut the prosecution's case. A panic response triggered by the situation, or unfamiliarity with a rural stretch of road could also affect the driver's actions. The key question is whether the driver's state of mind reflected a deliberate choice to evade. Any evidence suggesting otherwise works in the defendant's favor.

The Officer Was Not in Uniform / Vehicle Was Not Marked

It is also a valid defense in Mississippi to point out that the police officers were not in uniform. Or that they were not driving a vehicle clearly marked as a police unit. If you were being chased by undercover officers in a civilian vehicle, you had no way of knowing whether you were being pursued by legitimate law enforcement. You could not tell if violent criminals intended to rob and carjack you.

Defending a Fleeing and Eluding First Offense in Mississippi

Mississippi law draws a clear line between misdemeanor and felony fleeing charges. A first-offense fleeing charge with no aggravating factors is typically a misdemeanor. A misdemeanor conviction may carry up to six months in county jail and a fine of up to $1,000. But if the driving showed a reckless or willful disregard for the safety of persons or property, the charge may be elevated to a felony. A felony conviction could mean up to ten years in state custody, and flight causing serious bodily injury carries five to twenty years. High speed by itself does not decide that question. What matters is whether the driving showed that disregard for safety.

A fleeing and eluding first offense often presents the strongest defense posture. Without a prior pattern of flight from law enforcement, defendants may be better positioned for pretrial intervention. Reduced-charge negotiations, or non-adjudication may be possible. Non-adjudication allows a court to withhold acceptance of a guilty plea while the defendant completes court-imposed conditions. Upon successful completion, the court must dismiss the case and close it.

Each defense discussed above may apply with particular force in a first-offense case. A driver with no history of evasion who claims they did not hear sirens presents a more credible defense. A driver who was searching for a safe spot or could not identify an unmarked vehicle presents a stronger case. A repeat offender making the same arguments would face more difficulty. The willfulness element is especially difficult for prosecutors to establish when a defendant has no prior record. No pattern of deliberately evading law enforcement exists.

Depending on the facts, a first-offense defendant may have several viable paths to a favorable outcome. Seek legal advice from a licensed Mississippi criminal defense attorney early in the process. Preserving evidence and identifying the strongest defense are essential steps.

Talk to a Mississippi Fleeing and Eluding Defense Attorney

Fleeing or eluding charges in Mississippi – including fleeing and eluding first offense cases – are defendable when statutory elements are properly challenged. Vic Carmody, Jr., P.A. handles criminal defense matters throughout Mississippi and understands how local prosecutors approach these cases.

If you are facing charges for fleeing or eluding police, schedule a consultation to discuss the facts of your stop. We will review the officer's conduct and the defenses available to you. Acting quickly matters. Evidence such as dashcam and bodycam footage can be lost or overwritten if not preserved early. Contact Vic Carmody, Jr., P.A. today to begin building your defense.

Frequently Asked Questions

What Is the Penalty for a Fleeing and Eluding First Offense in Mississippi?

A first-offense misdemeanor fleeing charge may carry up to six months in county jail and a fine of up to $1,000. If the driving showed reckless or willful disregard for the safety of persons or property, the charge could be elevated to a felony with up to ten years in state custody. The specific penalty depends on the facts of the case.

Is Fleeing or Eluding Police a Felony in Mississippi?

Fleeing or eluding can be a felony in Mississippi. The law treats fleeing or eluding as a misdemeanor in its basic form. However, the charge becomes a felony when the flight shows reckless or willful disregard for the safety of persons or property, and causing serious bodily injury brings a longer prison term. Even a first offense may be charged as a felony if these aggravating factors are present.

Can a Fleeing and Eluding Charge Be Reduced or Dismissed?

A fleeing charge may be reduced or dismissed depending on the circumstances. First-offense defendants may qualify for non-adjudication. This could result in dismissal upon completion of court-imposed conditions. Prosecutors may also agree to reduced charges during plea negotiations. This is particularly likely when defense evidence challenges the statutory elements.

What Must the Prosecution Prove to Convict Me of Fleeing Police in Mississippi?

The prosecution must prove several elements beyond a reasonable doubt. The officer must have been acting in the lawful performance of duty. The officer must have had reasonable suspicion to believe the driver committed a crime. The officer must have given a visible or audible signal to stop. The driver must have willfully disobeyed that command. Weakness in any of these elements may create a viable defense.

How Does Mississippi Define Armed Robbery?

In Mississippi, every person who feloniously takes or attempts to take from another person or entity against his will through the use of force or the threat of force, while in possession of a deadly weapon or firearm is considered to be guilty of armed robbery. The state considers this to be a serious offense that can result in significant prison time and other severe penalties.

What are the Elements of Armed Robbery in Mississippi?

To secure a conviction for armed robbery in Mississippi, the prosecution must prove several elements beyond a reasonable doubt. These include:

1. The offender used force or threatened the use of force to take property from another person or entity.
2. The defendant had a deadly weapon or firearm in their possession while committing the offense.
3. The property taken had some inherent value.

What are the Penalties for Armed Robbery in Mississippi?

The penalties for armed robbery in Mississippi are severe and may include a significant amount of jail time, fines, and other penalties. If convicted of armed robbery, the offender may face up to life in prison if the jury finds such appropriate. In cases where the jury does not fix the penalty as life in prison, the court will fix the penalty for any term longer than three (3) years.

Are There Any Defenses to Armed Robbery in Mississippi?

If you have been charged with armed robbery in Mississippi, there are several defenses that an experienced criminal defense attorney may be able to employ on your behalf. Some potential defenses include:

1. Lack of intent to commit the crime
2. False accusations
3. Mistaken identity
4. Insufficient evidence

Finding an Attorney

If you have been searching the Mississippi area for a qualified, experienced criminal defense attorney, look no further than Vic Carmody Jr., P.A. Over the years, we have helped numerous offenders pursue favorable outcomes. Although being accused of a crime like armed robbery is not a pleasant experience, there are many potential defense strategies that can be used to defend and reduce the charges against an offender. We understand the seriousness of these charges and will work tirelessly to help you achieve the best possible outcome for your case. Call us today at (601) 948-4444 to set up your consultation with an attorney.

Philadelphia Limits Stops for Minor Traffic Violations

When an officer does make a stop, the citation comes on a uniform traffic ticket that tells the driver when to appear and what the charge is.

Philadelphia is the first major city in the United States to ban police officers from pulling over drivers for minor traffic violations. The low-level offenses are those such as expired registration for 60 days or less, a single brake or headlight out, minor bumper damage, or using the car without an official certificate of inspection.

“Known as the “driving equality law,” the Philadelphia legislation was heralded as one that would combat racial profiling and help remedy data showing minorities in the city are 3.4 times as likely to be pulled over as white people.” Https://www.foxnews.com/us/traffic-reforms-racial-equity-increases-violent-crime

Other States Limiting Traffic Stops

Philadelphia is not alone in making such these changes. Los Angeles has implemented a similar law restricting the policing of minor violations, and Minneapolis has taken similar measures. In 2021, new legislation for the entire state of Virginia restricted officers from pulling drivers over solely for minor infractions. The same reasoning of eliminating racial disparities that target minority communities was used to promote these reforms. Https://www.foxnews.com/us/traffic-reforms-racial-equity-increases-violent-crime

What is the Argument About?

Often traffic stops for minor infractions lead to further investigation that uncover more serious illegal or criminal activity. However, historically this ability has been abused by some police officers and more so to non-white offenders. Police officers throughout time have been accused, and sometimes rightfully so, of violating a person’s right against illegal search and seizure. A minor traffic violation may grant an officer reasonable suspicion to stop a vehicle which could lead to more information that would allow the officer probable cause to arrest. The abuse of this ability against minorities has driven the types of police reform found in cities like New York and Philadelphia.

Where does Mississippi Stand?

Though Mississippi is historically a conservative state, police reform in some fashion is gaining popularity across the nation. Even so, as articles and experts the within them suggest that these types of reforms that limit traffic stops are leading to an increase in dui fatalities and violent crime, there will most likely be a correction. Just because it is the trend now, does not mean that will be the case in the future. Also, in places like Mississippi and other conservative states, any type of police reform will likely be limited. Do not just assume that the “defund the police” or “police reform” movements make it less likely to face a dui or other criminal charges.

Enlist the Help of a Qualified Attorney

When you are searching the state of Mississippi for a qualified, experienced dui defense attorney, look no further than Vic Carmody Jr., P.A. No matter the circumstances of your case, the sooner you get in touch with a qualified dui attorney the better chance you have at a favorable outcome for your case. Over the years, we have helped countless defendants who have been charged with dui’s. Please call us for a consultation today, and we can help you defend yourself in the unfortunate case of being arrested and charged with a dui in Mississippi.

Please also see us on mississippi-lawyers.com and view our reviews on avvo.com, superlawyers.com, and martindale.com. Our email address is vic@mississippi-lawyers.com, and our office phone number is (601) 948 – 4444 option 1.