House Bill 412 contains numerous changes to Mississippi’s DUI laws, and the bill takes effect on October 1, 2014. One of the most significant changes is that it makes nonadjudication available to persons over 21 years of age, something previously unavailable. To learn more about these nonadjudications, please read our more detailed blog here.
It is no secret that the effects of a DUI arrest and conviction are far-reaching. Jail time and fine amounts are only the first part of the story. Then there are alcohol safety education programs, victim impact panels, and high-risk insurance costs. Perhaps the most serious consideration, however, is the effects of a DUI on your career. According to Donna Ballman of AOL Jobs, there are at least “9 Ways a DUI Will Destroy Your Career.” You can follow this link to read the full article.
As technology advances, law enforcement agencies, like everyone else, try to keep up. The field of DUI detection is no exception. Most modern methods of detecting alcohol can be extremely accurate and reliable in the hands of capable scientists. However, most police officers aren’t scientists. As such, there is a significant margin for human error not only when it comes to blood, breath, or urine tests, but also with regard to standardized field sobriety tests. Therefore, it is important for a DUI defense attorney to possess at least a fundamental understanding of the science involved in DUI detection.
For more information, please visit this link.
Earlier this month the United States Supreme Court issued its opinion in Salinas v. Texas, 570 U.S. ___ (2013). Before Salinas was arrested, police asked him a few questions. In response to one particular question, he remained silent and said nothing; he argued that this was his way of exercising his 5th Amendment right to remain silent. At trial, however, the prosecutor made reference to his silence, implying his guilty to the jury, and Salinas was obviously convicted.
The Supreme Court held that there was nothing wrong with using Salinas’s silence against him. In reaching this conclusion, the Court said that there is no right to silence; rather, there is only the right against self-incrimination. However, the court found that Salinas did not properly invoke his 5th Amendment right and, therefore, his silence was not protected.
For more information, please visit this link.
In the recent Mississippi Supreme Court decision of Freeman v. State, NO. 2012-KM-00192-SCT, the court reversed a DUI conviction where the state trooper’s in-car video was lost prior to a new trial on appeal. In short, the defendant was never provided with a copy of the video used to convict him in the trial court. On appeal, the county court ordered the State to preserve the video for the new trial. However, the computer-based video file was corrupted and lost before being provided to the defendant. The court reversed the conviction, holding that, without the video, the defendant’s right to a fair trial was violated. For more information, please visit this link.
On April 11, 2013, Mississippi Governor Phil Bryant signed into law House Bill 481, which introduces several changes to Mississippi’s DUI laws. While I have previously addressed the ways in which this bill “cracks down” on impaired drivers, it also provides a benefit to potentially thousands of people who have been convicted of DUI. Effective next year, anyone who has been convicted of a first offense DUI prior to the law’s effective date may be eligible to have their DUI record expunged; of course, there are certain requirements.
For more information, please visit this link.
Tuesday, May 14, 2013, the National Traffic Safety Board announced its newest proposal for cracking down on alcohol-related traffic accidents. The NTSB is urging all states to lower the threshold blood alcohol concentration from .08 percent to .05 percent. This 37.5 percent decrease would make it MUCH easier to get a DUI. For more information, please visit this link.
Hiring a lawyer to fight your DUI charge in Mississippi is a decision that should not be taken lightly. Driving under the influence (DUI) is a complex and complicated criminal allegation with severe consequences if the charge results in a conviction in court.
Here at my law office, we are dedicated to helping those accused of DUI. Myself, and my associates Lance Mixon and Kevin Stewart, fight for our clients. Together with our diverse and able staff, we take each case using a “team effort” approach. When you hire one of our outstanding attorneys, you are not hiring just one person. You are hiring a team of people who are behind you 100%.
A DUI charge in Mississippi cannot be reduced to a less serious or “lesser-included” offense, such as careless driving or reckless driving. Further, if a DUI charge ultimately results in a conviction in our state, it can NEVER be expunged from your criminal record. In other words, it is a lifetime conviction that you will have to live with and possibly report on college and graduate school applications, and job applications, just to name a few.
Prosecutors in Hinds and Rankin counties Justice Courts are accused of concealing information that could prove defendants innocent of alleged crimes. A lawsuit was filed this April seeking an injunction against Hinds County Prosecutor Sherri Flowers and Rankin County Prosecutor Richard Wilson. Take a further look at the article:
“The suppression of evidence favorable to persons accused of crimes is intentional on the part of the defendants,” the lawsuit says. “The defendants have been repeatedly warned and placed on notice that the United States Constitution requires that such evidence not be hidden or suppressed.
Despite these warnings, the defendants have asserted that they simply do not have time to comply with these constitutional requirements.”
An ordinance to allow the sale of beer and light wines went into effect this passed Monday in New Albany. The businesses that have applied for the permit to sell still have not received their permits though. Take a further look at the article:
According to Mississippi State Tax Commission representative Kathy Waterbury, the department has issued four permits to retail stores and one to a wholesaler so far, with two more retail and two more wholesaler permits pending. She went on to say that, because of legality issues, the state agency is not allowed to release the names of those businesses.
Still other local stores continue to debate the issue or have decided not to sell beer or light wine.
Mississippi Criminal and Family Law Blog
