MS Drinking Laws

Potential Defense Strategies for DUI Child Endangerment in Mississippi

Published on: March 15, 2024 | by Vic Carmody Jr., P.A.

While there are many aggravating factors associated with DUIs in Mississippi, perhaps one of the most notable involves child endangerment. If you had a child in your vehicle at the time of your DUI arrest, you face enhanced penalties that can be quite severe. It is obviously in your best interests to fight these charges in the most effective way possible – but how exactly do you accomplish this goal? With the right defense strategy, this might be easier than you realize. With that said, it is important to realize that the most appropriate defense strategy depends entirely on the unique circumstances surrounding your arrest – and it’s always best to consult with an attorney.

The Passenger Was Not a Child

If the circumstances regarding the underlying DUI offense seem impossible to fight, it may be worth establishing that there was no child in your vehicle at the time of your DUI. Many police officers take a quick look inside vehicles and determine an occupant’s age simply by glancing at them. However, this is not an accurate way of determining a child’s age. Some children look much younger than they actually are, and some look much older. Sometimes, the easiest way to beat a DUI child endangerment offense is to simply provide the court with a copy of the minor’s birth certificate.

The Role of Expert Witnesses in DUI Defense

Published on: February 15, 2024 | by Vic Carmody Jr., P.A.

In the complex landscape of criminal law, defending individuals charged with driving under the influence (DUI) requires a comprehensive approach. One crucial aspect that can significantly impact the outcome of DUI cases is the testimony of expert witnesses. Expert witnesses play a pivotal role in DUI defense by providing specialized knowledge and objective analysis. In this blog, we will delve into the importance of expert witnesses and how their testimony can shape the defense strategy in DUI cases.

Understanding Expert Witnesses

Expert witnesses are professionals with specialized knowledge, training, education, or experience in a particular field relevant to the case at hand. In DUI defense, expert witnesses can include toxicologists, forensic chemists, accident reconstruction experts, field sobriety test specialists, and more. These individuals possess the expertise necessary to examine scientific evidence, evaluate the reliability of law enforcement procedures, and provide professional opinions regarding the defendant’s sobriety, the accuracy of test results, and any potential errors or inconsistencies.

States Cracking Down on DUIs

Published on: February 8, 2024 | by Vic Carmody Jr., P.A.

South Carolina is taking stricter measures to combat drunk driving, potentially creating a larger number of drivers who will have to use ignition interlock devices. These devices are breath-analysis systems integrated into a vehicle’s electrical system to prevent individuals under the influence from starting the car until they pass a breath test with a blood-alcohol level below 0.02%.

Here are the key points:

Expansion of the Program: South Carolina recently updated its laws, requiring anyone convicted of a DUI with a blood alcohol level of 0.08% to install an ignition interlock device. This represents a significant expansion from the previous requirement, which applied to those with a blood alcohol level of 0.15% or repeat offenders.

Is Public Drinking Legal in Mississippi?

Published on: August 26, 2021 | by Vic Carmody Jr., P.A.

Mississippi’s alcohol laws are quite complex. This is largely due to the fact that the state gives tremendous freedom to local counties and municipalities when it comes to creating and enforcing their own alcohol regulations. Essentially, the local authorities get to decide for themselves which rules they wish to follow. An example of this is public drinking. Many residents find public drinking laws incredibly frustrating. This is especially true if they are engaging in innocent behavior, such as enjoying a cold beer or a glass of wine at a park while having a picnic. The exact laws on public drinking vary from state to state.

Mississippi is Unique When it Comes to Alcohol Laws

Mississippi has a long and interesting history when it comes to alcohol laws. Traditionally, the Magnolia State has been a supporter of prohibition since the 1800s. In 1839, the state banned the purchase of more than one gallon of alcohol at any time. Further laws were created over the next few decades.