Articles Posted in MS DUI Law

In Illinois, State senator Steve McClure (R-Springfield), has introduced Senate Bill 1405, also called “Lindsey’s Law”. The motivating factor being this legislator’s desire to toughen law for impaired drivers who kill and injure others is the death of a Springfield woman in 2015. The bill would allow authorities to charge intoxicated drivers with a Class 2 felony if they kill someone while also causing great bodily harm, permanent disability or disfigurement of others while driving a motor vehicle, snowmobile, all-terrain vehicle, or watercraft. A Class 2 felony is punishable by a term of imprisonment of not less than four years and not more than 20 years.

26 year old Lindsey Sharp was hit and killed by a drunken driver in the parking lot of a Springfield Walmart in June 2015. In her memory, McClure has introduced the legislation more than once. “I am doing this for Lindsey’s mom. For her, this is personal. Lindsey’s son, who was severely injured, and her boyfriend, received no justice. It’s wrong for the second and third victims to not get justice,” McClure said. “This issue is being driven by her family; it’s not something I just thought up. We will keep fighting for it and hopefully it will pass this session,” McClure said. “It’s important to them and they want to see a horrible situation made as right as it can be.” 

McClure has passed the same bill on at least 3 separate occasions, in hopes of honoring Lindsey’s life. Each time, according to McClure, the bill gets bottled up in committee. The latest version of the bill was referred to the Senate Special Committee on Criminal Law and Public Safety. “If it were called to committee, I believe it would pass. This is a common sense bill. I believe there is wide support for it, but the problem is getting it out of committee and if you have one person who doesn’t want something out of committee, they will hold it up,” McClure said.

Food Cooked in Alcohol Can Land You in Trouble 

You enjoy eating meals with wine reductions and desserts soaked in rum. You like to try anything with alcohol, but you always believed that when cooked and eaten in food, alcohol was no longer a concern. The truth is much more complicated. Foods that are mixed with alcohol may end up with an alcohol content, but they may also retain enough alcohol that you could become legally under the influence after a few servings. Let’s say hypothetically that you went out to eat with friends and made sure you didn’t drink, because you had to be the one to drive home sober. Not long after you started your drive home, you noticed that you weren’t feeling quite right. Shortly thereafter, a police officer pulled you over to the side of the road. He asked you to complete a Breathalyzer test and you agreed, because you knew you hadn’t had anything to drink that evening. To your surprise, you were shocked when the results came back indicting that your blood alcohol content (BAC) was over .08 percent. Interestingly, you can get legally intoxicated from eating food made with alcohol. 

Don’t fall for the myth of food-based alcohol sobriety

Facing manslaughter charges in Mississippi is a serious matter. People often face these charges in connection with DUIs. But when exactly might you face manslaughter charges for a DUI in Mississippi? If you kill someone while intoxicated and behind the wheel, does this automatically lead to manslaughter charges? These are just a few examples of questions that you might consider if you face a manslaughter DUI charge. Let’s explore this topic in more depth:

An Example of DUI Manslaughter

On February 1, it was reported that a man from Lauderdale County had been indicted for DUI manslaughter for a crash that occurred in 2021. Not only did he crash into an innocent motorist and kill them while intoxicated, but he was also found with a firearm despite the fact that he is a convicted felon. Finally, he was also charged with possession of a controlled substance. All of these charges mean that this individual will likely spend many years behind bars if convicted.

Every year, it seems like the annual St. Patrick’s Day party gets bigger, more fun, and even more wild than the year before. Millions of Americans enjoy celebrating Irish heritage, Catholic traditions, and green beer every March. It can be a lot of fun, but sometimes those emerald lagers can turn into clover-shaped, beer-tinted glasses that prevent you from driving safely.

At the Carmody Law Firm, we hope that anyone who gets behind the wheel is sober so that the road is safe for everyone. However, if you do get pulled over and are accused of drunk driving in Mississippi, we’re prepared to defend you.

Hal’s St. Paddy’s Parade and Festival

There are many reasons for a police officer to pull you over, with the consequences ranging from a small fine to jail time. If a police officer pulls you over on suspicion of driving under the influence (DUI), they will more than likely ask you to blow into a breathalyzer, which will measure your breath alcohol level (BRAC) or perform field sobriety tests. What some people may not know though, is you can refuse either or both of these. This refusal does not come without risk, of course.

Refusing a Breathalyzer

If you blow into a breathalyzer and results indicate that your BAC is over the legal limit of .08%, that is generally all the probable cause the office needs to arrest you for DUI. However, in Mississippi, you have the option to refuse a breath test. Under Mississippi’s implied consent laws, however, drivers impliedly consent to a breath test in exchange for a driver’s license. What this means is that there are consequences for your refusal. In Mississippi, your driver’s license will be automatically suspended for at least 90 days and up to one year if you refuse to submit to a breath test.

Getting pulled over by law enforcement can be nerve-wracking. Like many drivers at a traffic stop, you often may have no idea why an officer pulled you over or what will happen to you next.

When an officer starts asking questions about your activities earlier in the evening, you may worry that the next step will be a field sobriety test, especially if you were unsure if you were ok to drive. In general, there are three tests’ officers will use to decide if they should investigate the driver further.

What are the officers looking for during the three main field sobriety tests?

Recently, the police department of Portland, Tennessee came under fire for its handling of a routine DUI stop.  One night, after pulling over a vehicle for driving without headlights on, officers began conducting a standard field sobriety test.  During the test, officers noticed that the driver had slurred speech, glassy eyes, and smelled of alcohol.  Based on standardized field sobriety test results, the driver failed.  However, one of the officers noticed that the driver of the vehicle was a city employee.  A short time later, the driver was picked up from the scene and driven home.  No charges were filed and no arrest was made.  

While unfortunate, this “cover-up” is not at all routine among the nation’s police departments.  The rules that officers must follow when conducting a DUI traffic stop are incredibly strict.  Failure to appropriately follow these rules can result in dire consequences.  In the State of Mississippi, law enforcement follows these rules exceptionally well.  

How Does Mississippi Define Driving Under The Influence?

Getting pulled over by law enforcement can be nerve-wracking. Like many drivers at a traffic stop, you often may have no idea why an officer pulled you over or what will happen to you next.

When an officer starts asking questions about your activities earlier in the evening, you may worry that the next step will be a field sobriety tests, especially if you were unsure if you were ok to drive. In general, there are three tests’ officers will use to decide if they should investigate the driver further.

What are the officers looking for during the three main field sobriety tests?

According to WSAZ News Channel, A school bus driver has been arrested by West Virginia State Police following an accident back in September of 2022. Six students were injured and sent to the hospital after a crash in Wayne County involving a school bus, according to Wayne County Schools Superintendent Todd Alexander. “The first thing is safety,” Alexander said. “The safety of the students and the safety of the driver, and unfortunately in this situation we do believe there’s been some injuries. We don’t believe there’s been any serious injuries, but we do have some kids that are being checked out medically.”

Initially, Alexander was quoted saying, “I think there were some reports that there may have been a deer seen, but all of that’s preliminary. We don’t know exactly what happened. We’ll wait for the investigation results.” However, according to West Virginia State Police, Walter Collie, 43, of Genoa, West Virginia, was under the influence of drugs when he crashed his bus into a utility pole on September 12, 2022. Officials say about 40 students were onboard at the time of the accident along Mill Creek Road in Fort Gay.

What Would the Penalty if this Crime was Committed in Mississippi?

It’s no question that American’s love to party—but how much and at what cost? According to the CDC, in 2018 an alcohol impaired driver got behind the wheel 147 million times. From 2003 to 2012, 2,560 people died as a result of car accidents related to alcohol impaired driving in the state of Mississippi. In 2018, 26.5% of total fatalities in Mississippi were a result of alcohol impaired driving.

We’ve all heard the warning during holidays: “Drive safe, people will be out drinking!” or that there’s going to be a DUI checkpoint tonight. But just how dangerous is it to be out driving during a holiday? As it turns out, it can be very risky during several holidays.

According to MoneyGeek, the 5 most dangerous holidays for DUI are as follows: