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Cowboys quarterback Dak Prescott has been found not guilty on the charges of driving under the influence and speeding.

Prescott, who was a fourth-round draft pick for the Cowboys in 2016, was arrested in Starkville, Mississippi, before the 2016 draft. Prescott previously played college football for Mississippi State, which is located in Starkville.

Prescott was arrested on April 23, 2016 and charged with DUI after he was stopped and accused of speeding near the Mississippi State college campus.

No.

Unlike Alaska, Colorado, Oregon, Washington, and the District of Columbia, marijuana is not legal to possess for recreational use or any other reason in the State of Mississippi.  This remains the law in the Magnolia State despite the nation’s only legal “pot farm” for research and study purposes existing at the University of Mississippi.

So, what exactly is the law in Mississippi?

Mississippi gun laws, since 2012, have changed to become some of the most pro second amendment in the country. The Governor of Mississippi has signed a Bill allowing Mississippians to carry a concealed firearm without a permit. The new laws have created confusion among several Mississippi gun owners about their gun rights.

In relatively short order since Republicans took control of the Legislature in 2012, Mississippi’s gun laws have changed from fairly restrictive to among the most permissive in the country.

On April 15, Gov. Phil Bryant signed into law a measure making Mississippi one of 11 states that allows “constitutional carry,” or carrying a concealed firearm without a state-issued concealed carry permit. However, there are still caveats as to how and where someone can carry a concealed gun without a permit.

This past weekend, a seven-year-old girl died and three other children have suffered serious injuries because the driver was driving under the influence. The three surviving children, as well as the driver, were quickly driven to the hospital after the female driver crashed into a South Los Angeles home Sunday evening.

Officials have said that the car was traveling “at a high rate of speed” when it struck a home in the 760 block of East 93rd street at or about 5:45 p.m.

Upon arrival at the scene, officials say that they found four children littered across the lawn and a woman pinned behind the wheel of her car. The seven-year-old girl was dead when officials arrived, but three other children, ages eighteen months, four years, and six years were rushed to a hospital in critical condition along with the thirty-six-year-old female driver.

An officer of the law in Lake County, Indiana, faces the charges of Driving Under the Influence and is the cause of a hit-and-run accident.

The Indiana State Police stated that “Lieutenant Guy Mikulich was in an unmarked police car” while driving on Sunday at 4:48 p.m. when he hit a 34-year-old man who was standing outside by his vehicle on Oak Avenue in Miller Beach.

Officer Mikulich is a 16-year veteran of the sheriff’s department and had been working the Gary Air Show the day of the accident.

Judge Christine Ward of Pennsylvania was cited for DUI over the weekend after admitting to state troopers that she had too much to drink. The Judge, who works on civil litigation cases, has been accused of being intoxicated while driving.

According to WPXI of Pittsburg, Judge Ward “staggered as she walked…and at one point Ward fell to her side.”

During the incident, Judge Ward was observed by the police to have “exhibited difficulty standing on her own as she leaned on her vehicle.” Once Judge Ward had been arrested and “taken to the hospital for blood work,” police reported “she refused to submit to the blood test three times.”

An Arkansas man who was convicted of two counts of  DUI causing serious injury from an incident occurring in 2013.

“Samuel Elijah Yearber, 34, of Pontiac, Ark.,  . . . [was sentenced] . . . to a total of 15 years, with five suspended, leaving 10 years to serve, followed by 5 years of probation. Yearber was also ordered to pay more than $1.3 million in restitution for the victims’ medical expenses. He faced up to 25 years on each count. At the sentencing hearing, the defense requested leniency, saying he had no criminal history and pointing to his 16 years of military service. After the 2013 crash, he was dishonorably discharged from the Air Force by way of court-martial.”

Mr. Yearber’s blood-alcohol level was 0.13 and as a result of the accident, the Defendant’s passenger now suffers from a permanent brain injury and the prosecution argued the passenger.

Society (potential employers) will all check your background prior to allowing you to  pass on that path of your life that brought you to them. This includes employers, military, and literally everyone in your future involving employment, finance, life insurance, car insurance, credit report, house and vehicle purchases; schools, both primary and college and professional schools. These background checks may be by both law enforcement and private sector data bases. Arrest/ Conviction records are absolute career ending events.

Most folks do not know that once you are arrested it is just like posting something on Facebook©. One, like Facebook, this arrest/conviction information goes everywhere; and two, it can last forever. There are two separate sets of Data Bases that records and stores arrest/conviction records 1) Law Enforcement, and 2) Private Sector Date Bases.  The “Government” data bases discussed here are: 1) the Local Law Enforcement (City, County, State) who’s officers arrested you; 2) the state agency which collects arrest information, from local law enforcement and ours is called: “The Mississippi Criminal Information Center”. All states have such a central criminal information centers who then transmits this arrest information to 3) The National Criminal Information Center, which is a part of the Federal Bureau of Investigation. These organizations act as depositories of arrest information, in the form of “Rap” sheets. Should you also be convicted, that conviction information will also be added to the arrest information already on file. This arrest/conviction information stays in your file forever, unless and until a court order allows removal.

In addition, some three (3) thousand private data bases around the world will also collect; store; and for a fee, publish, this arrest and conviction information. New private sector data base are being created daily.  Anyone with a computer or a cell phone can access this information with a small credit card payment. It is these private sector data bases that most potential employers, outside of government, turn to for back-ground searches. Almost all pre-employment applications require you to sign documents allowing background searches to divulge this information. Prospective employers hire applicants, in part, based upon background searches.  These employment application forms usually question the prospective employee on: 1) Have you ever been arrest for a crime; 2) Have you ever pled guilty to, or were you found guilty of a crime by a court or jury; 3) Have you ever been granted a deferred sentence after having pled guilty; and 4) Any other wording which will have placed you in the criminal justice process at any time in your life. The presence of an arrest/conviction record disqualifies most job applicants. The only sure records cleaning remedy for having been arrested for a crime is to be found NOT GUILTY and have your records EXPUNGED. Any arrest or conviction record of a crime/ conviction will always affect the rest of your life.

Most great players become famous through training techniques and coaching assistance for decades. Training camps, specialized drills, all lead to sport related combines which test strength, speed, coordination, and other measurements to enable the “Friday Night Hero’s” to play on Saturday, and then on Sunday. I have heard that to progress from JV teams to the Professional ranks the ratio is one in sixteen thousand. To be that ‘one’ requires a combination of health, diet, and a workout second to none. The ‘one’ will spend hours on ‘machines’ designed to maximize physical prowess, strength, speed and over all athletic dominance to start in a position as no other before.

The “one” must come to trust his program to take him from here to the Hall of Fame. That trust starts in the machines to tune the body to physical perfection, to ward off injury, to rehab all sort skeletal issues that are bound to come over a long period of play, and ingrained into every athletic program and player.

Dak Prescott was out late at night / or early morning, and in a 2016 “get-you-stopped –every-time Cadillac Escalade.” Mississippi State University is in a college town, which like all college towns, has a love hate relationship with incoming college students. How many years have I heard Law Enforcement say, “We just have to get them (the students) under control” which results in massive arrests and jammed court dockets from September through November of every school year.

“Drunk driving” is a loosely used phrase throughout the country.  Mothers Against Drunk Driving.  Students Against Drunk Driving.  Buzzed Driving is Drunk Driving.  [Insert the name of a celebrity or athlete] Busted for Drunk Driving!  The organizations, slogans, and headlines aside, is “drunk driving” really what our law says is a crime?

            No.

            Actually, our law – specifically Mississippi law – criminalizes “driving the under the influence,” most commonly referred to as “DUI.”  One can drive under the influence without actually being intoxicated, or “drunk.”  In fact, as a law firm that has successfully defended thousands of DUI cases in Mississippi, we have found that the majority of the people accused of this crime were not physiologically intoxicated.  Rather, in the opinion of an officer, or a machine (a breath, blood, or urine testing machine), the person was “under the influence.”  Most often, that is under the influence of alcohol, but we have experienced a rapid increase in the volume of “drugged driving” cases, or, driving under the influence of “other substances” or “controlled substances,” in the last decade or so.

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