Mississippi Criminal Law BlogAccording 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?
According to Mississippi statute § 63-11-30:
(1) It is unlawful for a person to drive or otherwise operate a vehicle within this state if the person:
(a) Is under the influence of intoxicating liquor;
(b) Is under the influence of any other substance that has impaired the person’s ability to operate a motor vehicle;
(c) Is under the influence of any drug or controlled substance, the possession of which is unlawful under the Mississippi Controlled Substances Law; or
(d) Has an alcohol concentration in the person’s blood, based upon grams of alcohol per one hundred (100) milliliters of blood, or grams of alcohol per two hundred ten (210) liters of breath, as shown by a chemical analysis of the person’s breath, blood or urine administered as authorized by this chapter, of:
(i) Eight one-hundredths percent (.08%) or more for a person who is above the legal age to purchase alcoholic beverages under state law;
(ii) Two one-hundredths percent (.02%) or more for a person who is below the legal age to purchase alcoholic beverages under state law; or
(iii) Four one-hundredths percent (.04%) or more for a person operating a commercial motor vehicle.
Because a school bus is considered a commercial motor vehicle, the driver of the school bus must not have a blood alcohol level greater than .04% if stopped by the police. Because there were injuries sustained to several children inside of the bus at the time of the accident, in Mississippi, depending on the severity of the injuries, it probable that the bus driver could be facing aggravated DUI charges.
What is the Penalty for an Aggravated DUI Charge?
Every person who operates any motor vehicle in violation of the provisions of subsection (1) of this section and who in a negligent manner causes the death of another or mutilates, disfigures, permanently disables or destroys the tongue, eye, lip, nose or any other limb, organ or member of another shall, upon conviction, be guilty of a separate felony for each victim who suffers death, mutilation, disfigurement or other injury and shall be committed to the custody of the State Department of Corrections for a period of time of not less than five (5) years and not to exceed twenty-five (25) years for each death, mutilation, disfigurement or other injury, and the imprisonment for the second or each subsequent conviction, in the discretion of the court, shall commence either at the termination of the imprisonment for the preceding conviction or run concurrently with the preceding conviction. Any person charged with causing the death of another as described in this subsection shall be required to post bail before being released after arrest.
Enlist the Help of a Qualified DUI 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 defense attorney, the better chance you have for a favorable outcome. Over the years, we have helped countless defendants who have been charged with DUI’s. Please call us for a free consultation today, and we can help you defend yourself when you are 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.