How Will A Dui Arrest Affect My Out-Of-State License?

Mon, 04 Jun 2007 21:51:22 GMT

Mississippi cannot suspend an outofstate license; only your home state can suspend your license. Mississippi can only suspend your privilege to drive in this state. A refusal to submit to an officer's request for a breath, blood, or urine test MAY result in a suspension in Mississippi (if we are unsuccessful at the administrative hearing), but MAY or MAY NOT cause you to be suspended in your home state. The rules for handling a refusal report from Mississippi vary in each state. Some states do nothing in the nonresident driver's home state for a "refusal" to be tested in Mississippi.

Beyond Legal Fees, What Other Costs Or Expenses Will I Have In This Case If I Fight It?

Tue, 29 May 2007 21:19:00 GMT

Disregarding fines (which are covered in the Web site), there are some costs in the typical DUI case. In addition, there is a cost for an appeal bond from lower courts to higher courts for additional trials. And on occasion, expenses for expert witnesses will be incurred should the case require their testimony. These costs will be explained by your attorney.free consultation.

Can I Get A Hardship License?

Tue, 29 May 2007 21:19:00 GMT

Only First offenders who are not considered to have refused the breath test are considered. If you meet this basic hurdle, you may petition the Court for the return of your driver's license if your license has been under suspension for at least 30 days and you can show that the revocation of your license would hinder your ability to continue your employment, continue attending school/education, or obtain necessary medical care. If granted, your license is reinstated for all purposes. There is no legal method to obtain a limited permit to drive to and from work, school, etc.

Do I Have Any Control Over Which Judge Or Prosecutor I Get For My Case?

Tue, 29 May 2007 21:19:00 GMT

As a general rule, no. Computer assignments or rotation of judges makes most court assignments for each case random. You have very little input about how a case is assigned, or which prosecutor will handle it

Do I Need A Lawyer?

Tue, 29 May 2007 21:19:00 GMT

Every person can represent himself or herself in court. Because DUI is such a critical matter, however, it is not generally a wise choice to go to court unrepresented. Your right to drive, your freedom and your future employment options may hang in the balance.

Do I Need To See An Alcohol (Or Drug) Counselor?

Tue, 29 May 2007 21:19:00 GMT

Maybe. Many attorneys encourage anyone facing alcoholrelated or drugrelated offenses to get an ASSESSMENT for any potential problem that may exist. There are many reasons that this is a wise thing to do, not the least of which is correcting a costly and potentially dangerous health problem.

How Are Speed Limits Enforced?

Tue, 29 May 2007 21:19:00 GMT

Enforced through use of: Pacing Yes
Radar Yes
Vascar Yes
Photo Radar No
Aircraft Yes
Laser No

How Can Tickets Be Paid?

Tue, 29 May 2007 21:19:00 GMT

Tickets can be paid by mail or in person.

If I Am Convicted, What Is The Worst Thing That Can Happen To Me?

Tue, 29 May 2007 21:19:00 GMT

The "minimum" punishment information is published elsewhere in this Web site. You should read this carefully, paying special attention to increased punishment requirements if you have prior offenses. Beyond these "guidelines," we have to evaluate your case based upon the facts, the prosecutor, your record, and propensity of the judge in his/her sentencing for DUI cases. We will review these details at your free consultation.

If I Fight The Case And Lose, Do I Get Any Money Refunded On Legal Fees?

Tue, 29 May 2007 21:19:00 GMT

No. Unlike personal injury cases in which an attorney can agree to accept a percentage of any financial recovery in a CIVIL case, the State Bar of Mississippi prohibits "contingency" fees in criminal cases. With a surgeon, not every operation is a success. Yet, would you go back and ask for a refund of fees paid? No, because an attorney (like a surgeon) is compensated for his/her time, knowledge, expertise, and legal acumen. This is our "product."

If I Had A Drunk Driving (Or Impaired Driving) Conviction In Another State, Will It Show Up In Mississippi?

Mon, 04 Jun 2007 21:51:22 GMT

Drunk driving convictions from other states can show up in Mississippi in any number of ways. Most states are now linked together through computer systems run by law enforcement agencies for the purposes of sharing information one state to another. This information can be accessed by either the court, or the prosecutor, or the Highway Patrol. Should this information become available under certain circumstances, these previous convictions can be used to enhance or increase the punishment for a subsequent DUI arrest here in the state of Mississippi if said convictions are within the last five (5) years of the date of the current charge in the state of Mississippi. Sometimes these convictions do not show up, and our job as your attorney would be to fight any convictions that happen out of state.

Is Trial By Declaration Allowed?

Tue, 29 May 2007 21:19:00 GMT

Should I Go To Driving School (Masep) Now?

Tue, 29 May 2007 21:19:00 GMT

No. MASEP (Mississippi Alcohol Safety Education Program) is a course given over the course of a month in four (4) three hour sessions. The MASEP course will lower your license suspension from one (1) year to ninety (90) days. The course is available to those convicted of a DUI first offense.

Should I Take The Breath Test?

Tue, 29 May 2007 21:19:00 GMT

Most attorneys will have a difference of opinion on this question. You are the only one that can decide this for yourself and particular situation. However, you should know that you have the legal right refuse the breath test but that you may suffer license suspension for 90 days or for 1 year as a result, in addition to the penalties and suspension discussed above. Mississippi law states that anyone who operates a motor vehicle has impliedly given their consent to submit to the officer's request to take a test to determine their blood alcohol if that officer has probable cause and reasonable grounds to make such request. Your refusal will subject you to forfeit your license or driving privileges. However, you do have a right to request a judicial determination on whether or not your license should be suspended pursuant to your refusal. Therefore, this question is difficult to answer. If you take the test and "pass" you are in a good position. However, if you take the test and "fail", you have basically given the prosection your "confession" and although you may have other defenses available to you, it would be best if the prosecution did not have this information. Whether you submit to the test or not, ALWAYS ask for a blood test and/or obtain one for yourself immediately upon being released. The results should be provided to your attorney and NEVER provided to the police willingly.

The Officer Took My License. When Can I Get It Back?

Tue, 29 May 2007 21:19:00 GMT

Mississippi law permits an officer to confiscate the license of any motorist who is arrested for DUI. Do not just apply for a new license because you can create even more problems for yourself. Speak to your attorney about how and when you may seek to have your license returned, or possibly retrieved from the prosecutor so that you can have your plastic license prior to trial.

What Are Field Sobriety Tests (FST) And Should I Submit To Them If Asked To Perform Them?

Mon, 04 Jun 2007 21:51:22 GMT

Field Sobriety Tests (FST) are generally standardized tests which (some) officers have received training to administer and assist them in determining if a suspect is driving while under the influence of alcohol or drugs. Most of these test are considered "divided attention" tests taught by the National Highway Traffic Safety Administration (NHTSA). The three most recognized and used are: the walkandturn, one leg stand, and the horizontal gaze nystagmus test (HGN) or eye/pen test. Other tests like the fingertonose and ABC may be used but are not considered standardized. You have no legal obligation to submit and may refuse them without legal penalty. The problem with submitting to these tests, even when you feel like you could pass them, is that you do not know what the officer is looking for and even if you "pass", the officer may still be inclined to arrest you for DUI. There could also be other factors which make you "fail" them and the officer will only attribute your failure to your being DUI and charge you accordingly.

What Are Some Other Regulations?

Tue, 29 May 2007 21:19:00 GMT

Open intoxicants are permitted in the vehicle at the discretion of local authorities.
Firearms are permitted anywhere in the vehicle. Firearms are not required to be cased.
Studded tires are prohibited.
Tire chains are not required.
Mississippi has a seat belt law with secondary enforcement for all front seat occupants.
Mississippi has a mandatory child restraint law for passengers under 5 years of age, requiring the use of approved car safety seats.
Mississippi has a mandatory motorcycle helmet law.
Registration and insurance card are not required to be carried in the vehicle.

What Are The Penalties For A First Offense Dui?

Tue, 29 May 2007 21:19:00 GMT

DUI First Offense: $250.00 $1,000.00 fine; imprisoned for not more that 48 hours; and attendance of an alcohol safety education program (MASEP); driver's license suspension for not less than 90 days and no more than 1 year.

What Are The Penalties For A Second Offense Dui?

Tue, 29 May 2007 21:19:00 GMT

DUI Second Offense (within 5 year period): $600.00 $1,500.00 fine; 5 days or no more than 1 year imprisonment; not less than 10 days nor more than 1 year community service; suspension of your driver's license for 2 years. The 5 day minimum jail sentence may not be suspended or reduced by the court or prosecutor as part of a plea bargain. The 2 year license suspension may be reduced to 1 year if you meet certain requirements. No hardship license or temporary permit is available to second offenders. Your automobile(s) may be ordered impounded or immobilized for the entire length of your license suspension. If you meet certain requirements, the court could order the installation of an ignition interlock device on your automobile(s) which must be blown into before the car will crank. If it detects alcohol present at a preset level, it will not allow the car to crank..

What Are The Penalties For A Third Offense Dui?

Tue, 29 May 2007 21:19:00 GMT

DUI third or subsequent offense (within 5 year period): This is considered a felony. $2,000.00 $5,000.00 fine; imprisoned not less than 1 year and no more than 5 years in the state penitentiary; vehicle forfeiture; license suspension for 5 years. No hardship license or temporary permit is available. However, the 5 years license suspension may be reduced to 3 years. These are the statutory imposed penalties. They do not address the "penalties" you will incur from paying increased insurance rates and the effect that a conviction and license suspension may have your current or subsequent employment.

What Are The Resident Insurance Requirements?

Tue, 29 May 2007 21:19:00 GMT

Financial responsibility law. Securitytype law and future prooftype law. Minimum limits: $10,000/20,000/5,000. Mississippi has unsatisfied judgment funds law.

What Are The Speed Limits In Mississippi?

Tue, 29 May 2007 21:19:00 GMT

Unless Otherwise Posted Absolute Interstate 70 mph
Ltd Access Rds 70 mph
Other Primary Rds 65 mph
Residential 25 mph

What Does A Plea In A Dui Trial Mean?

Tue, 29 May 2007 21:19:00 GMT

There are basically three types of pleas in DUI cases. The first plea is taken on a date called an "arraignment" date, usually your first court appearance. At the arraignment, the court will ask how you plead. Should you plead guilty, then the court will proceed to make a finding of guilty and assess fines, court costs, and the appropriate jail sentence. Should you plead not guilty, the court will assign you a trial date. You will appear in court later, where you may change your plea from not guilty to guilty, or you may plead nolo, which means "nolo contendere" or no contest. In any of these pleas: a plea of not guilty, a plea of guilty, or a plea of no contest, the judge must still make a finding. It is only in a plea of not guilty, however, that a trial will ensue. At the end of the trial, the judge makes a finding of guilty or not guilty at the Municipal or Justice Court level. If there is a no contest (nolo contendere) or guilty plea made, then the court proceeds to make a finding of guilt and impose a fine and jail term consistent with the law on DUIs.

What Effect Does A Dui Conviction Have On My Record?

Mon, 04 Jun 2007 21:51:22 GMT

In Mississippi, a DUI conviction stays on your driving record for, during which time any additional DUI convictions will increase the punishment. The charge itself will be on your record (rap sheet) for life. The DUI charge can have an adverse effect on your employment, especially if driving is a major part of your work duties. In addition, the DUI conviction will cause you to obtain SR22 insurance (also known as high risk insurance) for three years. Only high risk insurance companies write SR22 insurance. Should you drop the insurance, your driving license in Mississippi wll once again be suspended. Should you be charged with driving while your license is suspended in Mississippi, the fine is $500; there is a tenday to sixmonth jail term, and your license is suspended for an additional six months. The DUI charge on your record could also cause you problems with your credit report and with rental car companies. These problems occur when DUIs appear on your record. You always have the opportunity to contest DUIs, to take the matter to court, and in almost every case DUIs should be fought to obtain an outright acquittal or a nonDUI disposition. These are some of the reasons that I fight for an acquittal in your case.

What Is A Member Driver License Compact?

Tue, 29 May 2007 21:19:00 GMT

If you receive a ticket, warning, etc. in another state and your state is a member, you state will be notified about the ticket.

What Is A Member Nonresident Compact?

Tue, 29 May 2007 21:19:00 GMT

Nonresident motorist receiving a ticket in a member state will receive the same treatment as resident motorists. If your state or the state you receive a ticket in is not a member, you may have to pay a cash bond before you can continue your trip.

What Is The

Tue, 29 May 2007 21:19:00 GMT

In Mississippi, if you either refused to submit to a breath, blood, or urine test, the state will attempt to suspend your license or privilege to drive for 90 days to one year. This attempt to take away your right to drive will occur PRIOR to any criminal trial for DUI (in most cases) and will be automatically entered against you unless you file a test refusal petition within 10 calendar days after the mailing of a notice of letter of intent to suspend. Filing an test refusal petition does not postpone the suspension. In a significant percentage of cases, we are able to prevent any suspension. The license you receive when there has been a refusal to take a stateadministered test is valid for only fortyfive (45) days from the date of the arrest. This license cannot be renewed or extended for any period of time. The test refusal hearing is an informal hearing. There will not be a jury. This is an additional proceeding that we handle for you. The decision will be announced at the administrative hearing to agree with the State to suspend your license or to return it to you. The hearing is needed to determine if you wll be able to retain your driving privileges until the end of your DUI case or if you will lose the right to drive in Mississippi prior to your trial. In additional, this hearing offers us a great opportunity to crossexamine the officer under oath about the facts of your case.

What Should I Do If And When I Am Stopped By Law Enforcement?

Mon, 04 Jun 2007 21:51:22 GMT

Upon seeing blue lights you should stop your car at the first available and safe location. Although you do not have to submit to any field sobriety tests or perform any other such requests, you do have an obligation to cooperate with the officer to the extent that you are not violent or uncivil toward the officer. Therefore, if the officer requests your driver's license or ask you to step out of the car, etc, you should comply. If the officer does not write you a ticket promptly and you are concerned that you are being investigated for a crime, you may ask the officer if you are free to leave. If so, you may get into your car and leave. If not, simply request that the officer then take you with him and ask to call a lawyer immediately.

When And Where Do I File Accident Reports?

Tue, 29 May 2007 21:19:00 GMT

Accidents involving death, personal injury, or property damage exceeding $100 must be reported immediately to the local police or nearest sheriff's office or State Highway Patrol.

When Is A Jury Trial Allowed?

Tue, 29 May 2007 21:19:00 GMT

Speeding Yes
Parking Yes
Equipment Yes
DWI Yes

Will I Get A Harsher Sentence If I Fight The Case Than If I Plead Guilty?

Mon, 04 Jun 2007 21:51:22 GMT

That depends on many factors. This question is one that is casespecific and judgespecific. Some judges may punish a person more after a jury trial than in a bench trial (a trial in front of the judge only). Judges in Mississippi have the discretion to allow a jury or a bench trial. Your case may have a fantastic legal issue that needs to be appealed to a higher court, and this may require some sort of trial to be able to obtain the right of appeal. Be sure to discuss any concerns you may have about these issues at your free consultation.