The DUI Defense of No Driving

Posted by James Ferguson | Mar 01, 2021 | 0 Comments

Certain DUI charges can come about while a defendant is outside of a moving vehicle. The idea of being charged with a DUI while not not driving may seem only limited to parked car DUIs. However, if an officer making the charge has probable cause and enough evidence to conclude that a defendant wa...

A to Z of a DUI Charge: From Arrest to Conviction

Posted by James Ferguson | Feb 15, 2021 | 0 Comments

Getting charged with DUI can be a quite scary time, especially those who are first-time offenders. The individual charged with a DUI will experience a different process depending on the circumstances surrounding the DUI charge and the amount of previous DUI charges the individual has on record. T...

Unconventional DUI Offenses in Mississippi

Posted by James Ferguson | Jan 15, 2021 | 0 Comments

DUI involves driving a vehicle while under the influence of a controlled substance. However, law enforcement officers are responsible for detecting other kinds of DUI offenses that place others at risk of injury or death. Lesser-known DUI offenses include parked car DUI, drunk while boating, and ...

Prescription Drug DUI: What are My Defenses?

Posted by James Ferguson | Jan 01, 2021 | 0 Comments

Some people are familiar with drug related DUI offenses including DUI as a result of the use of marijunana or even a narcotic. There is not, however, much law on prescription drug DUI. This is an inherently contentious area because of the intentionality factor. It is also less straightforward tha...

The Ever-Changing DUI Laws of Mississippi

Posted by James Ferguson | Dec 15, 2020 | 0 Comments

For the past five years, Mississippi lawmakers have sought to reform and strengthen the state's DUI laws. These efforts include a penalty scheme that exacts harsher punishment for repeat offenders in addition to other directives to encourage the use of ignition interlock systems instead of licens...

Recognizing Unlawful Conduct During a DUI Stop

Posted by James Ferguson | Nov 15, 2020 | 0 Comments

Drunk drivers are, in theory, easy for law enforcement officers to detect because these drivers usually drive erratically. Even though people in the act of DUI are easily detectable, some of these stops by law enforcement are still unlawful. The unlawful nature of a DUI stop can rest in the offic...

The Mississippi Juvenile Court System and Minor DUIs

Posted by James Ferguson | Oct 01, 2020 | 0 Comments

Mississippi recognizes driving under the influence of alcohol as a chargeable offense for minors. Minors in Mississippi are defined as people who are under the age of 18 years. Unlike the adult DUI rule, minors can be convicted of a DUI with blood alcohol content (BAC) of .02% to .08%. The BAC fo...

Making a Case for Expunction

Posted by James Ferguson | Sep 15, 2020 | 0 Comments

In Mississippi, certain DUI offenders have the opportunity to start on a clean slate. They can “expunge” their DUI conviction if they meet certain conditions. There are many benefits to getting a DUI charge expunged from one's record, including employment, educational, and housing opportunities. ...

Inside DUI Booking and Bond Processes

Posted by James Ferguson | Sep 01, 2020 | 0 Comments

First-time DUI offenders will often take a look back on their DUI arrest and bail process to verify that there were no mishaps that would raise legal redflags. For individuals who have never been arrested and do not have a legal record, an understanding of these processes becomes even more import...

Legal Considerations for Uncommon DUI Charges

Posted by James Ferguson | Jun 30, 2020 | 0 Comments

When the general public thinks of a DUI, they usually think of a drunk person operating a vehicle on a road. However, this is not always the case. In Mississippi and in many other states, DUI can consist of a drunk offender sitting in a parked car, it can consist of an offender who is boating und...

DUI Fines and the Eighth Amendment

Posted by James Ferguson | Jun 15, 2020 | 0 Comments

The Prohibition Against Excessive Fines The Eighth Amendment is the constitutional prohibition against excessive bail, fines, and cruel and unusual punishment. The amendment is better known when it is mentioned in discussions to do with the death penalty and issues surrounding lengthy jail sente...

DUI Charges and Servicemembers

Posted by James Ferguson | May 15, 2020 | 0 Comments

Mississippi boasts over three military bases with Camp Shelby in Hattiesburg being one of the largest military training sites owned by a state in the U.S. Given the presence of a military population in Mississippi, unfortunately, it is a reality that a DUI offense committed by a servicemember can...

Mississippi’s Rules on DUI Blood Tests

Posted by James Ferguson | Apr 30, 2020 | 0 Comments

The rules governing drawing and testing blood as part of a DUI offense favors the state. This is usually the case as the policy rational leans heavily toward public safety and the administration of the law. Chapter 11 of the Mississippi statute sets out the rules governing blood testing for the p...

Mississippi DUIs in the Age of Coronavirus

Posted by James Ferguson | Apr 27, 2020 | 0 Comments

As coronavirus continues to spread in Mississippi, law enforcement officers and correctional facilities have been operating under limited interaction with respect to arrests and how the inmates are handled. On March 16th, advocates from the Mississippi Prison Reform Coalition, the ACLU of Mississ...

Mississippi’s Alcohol Safety Education Program

Posted by James Ferguson | Mar 15, 2020 | 0 Comments

Generally speaking, the purpose of DUI penalties is to avoid recidivism. The goal is to ensure that the DUI offender does not repeat the offense out of fear of being punished again. That is why in most states, there is more emphasis placed on deferred adjudication programs and alcohol safety educ...

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