1. Possession of Paraphernalia a Broad Term

    It is easily understood that being caught in possession of drugs such as marijuana and/or controlled substances is a crime which can carry severe legal consequences. What many do not realize is that being in possession of paraphernalia, even in the absence of drugs or controlled substances, is a cri…Read More

  2. From Minor to Major

    In the event a driver is pulled over, even due to a minor traffic violation, this may give the officer the opportunity to discover more serious circumstances, such as a driver being under the influence. As is a fairly common occurrence, a driver is pulled over for a minor traffic violation but when …Read More

  3. From Careless Driving to Criminal Charges

    Drivers often are confused or simply unaware of what types of actions give the police the right to make a traffic stop. Often the police claim “careless driving” as the reason for making a stop. “Careless driving” according to Mississippi law does give police a broad area in which to work wh…Read More

  4. Breathalyzer Test Protocols

    When a driver is suspected of “drunk driving” (DUI), and the police wish to employ the Intoxilyzer 8000 or to use the results of an Intoxilyzer 8000 test, certain protocols must be followed. One of the requirements for the Intoxilyzer 8000 test results to be admissible as evidence is a twenty-mi…Read More

  5. Admissibility of Intoxilyzer Results

    Most drivers have heard of breath tests, and the use of the Intoxilyzer machine when suspected of DUI. While this test can provide important evidence for the prosecution, it is at times not allowed as evidence in a drunk driving case. It is important to confirm a number of requirements imposed upon …Read More

  6. It isn’t Over till it’s Over

    There are simply times when things may not go your way in court, however, it is important to note, when facing DUI charges, that being found guilty in Justice Court or Municipal Court may not be the end of the line for your case. Even when unsuccessful in your trial, you do still have the right to a…Read More

  7. Non-Adjudication

    Under the new Mississippi DUI laws, it is now possible for a person facing a conviction of Driving Under the Influence, (DUI or “Drunk Driving”) to qualify for non-adjudication. What does this mean for those facing a DUI charge? Non-adjudication allows for a person charged with DUI to avoid actu…Read More

  8. The Term “Drunk Driving”

    As has been discussed in a previous post, driving under the influence, or DUI is not necessarily what we might call “drunk driving.” In fact, if you take a look at the actual Mississippi DUI statute, you will find that the term “drunk” is nowhere to be found. It is unlawful for a person to d…Read More

  9. Driving Under the Influence not Drunk Driving

    While drunk driving is a common term, it is not necessarily the most accurate when discussing Mississippi law. Mississippi actually criminalizes “driving under the influence,” also known as DUI or DWI (driving while impaired). A driver can be considered to be driving under the influence without …Read More

  10. Initial Appearance

    Being arrested for DUI likely causes a great deal of stress for both the person arrested and their family. Much of this stress can be caused by fear of the unknown. After arrest for a DUI, a number of steps are taken and procedures observed, one of the first of these is the initial appearance. At th…Read More