Underage DUI in Mississippi

Posted by James Ferguson | Oct 31, 2019 | 0 Comments

In all states, teens are not exempt from receiving DUI charges and subsequent convictions. In addition to the DUI law that regulates blood alcohol levels, most states also have a penalty system for teens who drink while under the age of 21 years old. These consequences will have a detrimental eff...

Restricted and Hardship Licenses in Mississippi

Posted by James Ferguson | Oct 15, 2019 | 0 Comments

Restricted and hardship licenses are a part of the DUI penalty scheme that states have implemented for those who have been convicted of DUI. There are two main ways the court can grant a restricted license instead of a fully suspended license. These special considerations acknowledge that certain...

A DUI Conviction can Affect Your Immigration Status

Posted by James Ferguson | Sep 15, 2019 | 0 Comments

There is much complexity involved in a DUI case should the offender be a non-citizen or foreign national. Unlike other crimes such as larceny and assault, DUI has a counterintuitive history in the realm of immigration law. This is because the crime does not usually include premeditation or an int...

Considerations for Out-of-State DUI Offenders

Posted by James Ferguson | Aug 31, 2019 | 0 Comments

Receiving a DUI charge already presents a challenge for individuals who are not familiar with criminal justice and court processes. An out-of-state DUI presents a more complex ordeal for DUI offenders depending on the distance between charging state and their home state as well as the unique laws...

Abusive Sobriety Checkpoint Practices

Posted by James Ferguson | Aug 12, 2019 | 0 Comments

Sobriety checkpoints are permitted in the state of Mississippi. Nevertheless, Mississippi has not made a formal ruling on sobriety checkpoints; Mississippi permits police officers to merely create roadblocks. In turn, police officers are permitted to stop those who attempt to evade roadblocks. Un...

The Effect of a DUI Conviction on Your Driving Record

Posted by James Ferguson | Jun 15, 2019 | 0 Comments

Receiving a traffic infraction as a result of a DUI has consequences beyond the fines and jail time doled out by the legal system. DUI can also affect your driving record. If you are at fault in a vehicle collision as a result of drinking while driving, your driving record will be affected. Anoth...

The Consequences of Refusing a Chemical Test

Posted by James Ferguson | May 15, 2019 | 0 Comments

When a suspected DUI offender is stopped, law enforcement must confirm their cursory conclusion that the driver is driving under the influence of alcohol or another controlled substance. The factual confirmation solidifies the charge, which will heighten the likelihood that the suspected offender...

DUI with a Child Present in the Vehicle

Posted by James Ferguson | May 01, 2019 | 0 Comments

It is often that a DUI charge is not a simple, singular charge. A DUI charge can be accompanied by other tangential charges that spawn from surrounding circumstances. A DUI charge is considered aggravated depending on how egregious the act was and whether there was any harm stemming from the offe...

What Police can and can Not do During a DUI Stop

Posted by James Ferguson | Apr 15, 2019 | 0 Comments

When law a enforcement officer stops a suspected DUI offender, the officer does not have free reign during the interaction. As many are aware, there are actions the officer can and can not take to affect the goals of the traffic stop. To be deemed a lawful stop, the officer must follow constituti...

Does Your Employer Care About Your DUI Conviction?

Posted by James Ferguson | Apr 01, 2019 | 0 Comments

Your DUI charge or conviction may be subject to self-disclosure or come to bear as the result of a background check. Generally speaking, an employer has the right to ask a job applicant or a current employee to disclose his or her criminal history. Similarly, as a condition of job maintenance or ...

DRAM Shop Laws and DUI Offenses

Posted by James Ferguson | Mar 15, 2019 | 0 Comments

A DRAM Shop Law is a little known type of statute that dictates whether the seller of alcohol is liable for any injuries caused by the patron. DRAM Shop laws are not widely known in the world of DUI charges and convictions. However, in the states that do permit the use of a DRAM Shop Law, it make...

 An Overview of Federal DUI Offenses

Posted by James Ferguson | Mar 01, 2019 | 0 Comments

A federal DUI offense is federal crime that occurs in a location that is under the auspices of a federal government entity. A state DUI charge and a federal DUI charge have many similarities. There is a Blood Alcohol Content (BAC) limit component and the offender must be operating a motor vehicle...

Inside the DUI Plea Bargaining Process

Posted by James Ferguson | Feb 15, 2019 | 0 Comments

Not all DUI offenses end in a conviction. In fact, a large percentage of DUI charges are resolved by the plea bargaining process. Only a small percentage of DUI cases in Mississippi actually go to trial. There are various plea bargaining strategies an experienced DUI defense attorney will use to ...

Supreme Court Cases Affecting Your DUI Case

Posted by James Ferguson | Jan 15, 2019 | 0 Comments

It is hard to imagine how impactful U.S. Supreme Court cases can be on your state court DUI case. Over the years, the U.S. Supreme Court has answered tough constitutional questions about intricate aspects of the law affecting court procedure and DUI law. These questions stem from evidentiary rule...

Non-Adjudication Statute in Mississippi

Posted by James Ferguson | Jan 02, 2019 | 0 Comments

First-time DUI offenders have a number of ways of limiting the impact a DUI conviction has on their record. In Mississippi, first-time DUI offenders who are eligible can participate in the non-adjudication program. Many offenders opt for non-adjudication because at the end of a successful program...

The A-Z of DUI Probation

Posted by James Ferguson | Nov 15, 2018 | 0 Comments

Why Did I Receive Probation?Probation is one of the penalties imposed on DUI offenders. First-time offenders who are not involved in any traffic accidents and have not harmed anyone as part of the DUI offense are usually not subject to probation. What does the punishment of DUI probation entail? ...

“I’m Innocent!” Common DUI Defenses

Posted by James Ferguson | Nov 01, 2018 | 0 Comments

A DUI defendant seeking to advance a DUI defense has a few available options. The crime of DUI is usually a straightforward case with relative ease in discerning guilt. Defendants who advance defenses fall in two categories - those who are culpable, but due to a constitutional defect, evidence mu...

Civil Lawsuits Stemming From DUI Offenses

Posted by James Ferguson | Oct 15, 2018 | 0 Comments

A criminal penalty is the automatic consequence of a DUI offense. These penalties include a suspended license; installation of an interlock device; alcohol education courses; and even jail time. DUI offenders often do not think about the civil penalties that may flow from the offense in the form ...

The Standard Field Sobriety Test

Posted by James Ferguson | Oct 01, 2018 | 0 Comments

The Standard Field Sobriety Test or FST is a battery of three tests performed during a traffic stop to determine driver impairment. The three tests that encompass the FST are the horizontal gaze nystagmus, the walk-and-turn, and the one-leg stand. The FST was developed in the 1970s as a scientifi...

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