Three Factors of Successful DUI Defense

Posted by James Ferguson | Jul 01, 2017 | 0 Comments

Facing a DUI charge in Mississippi can be scary. In addition to the fear you are experiencing just facing the charge in court, you may also be worried about its effects on your job and any other consequences that may come along with a DUI conviction. Thus, it is important that you secure an experienced Mississippi DUI attorney and be prepared to wage a successful DUI defense, which will involve three crucial factors:


There are certain specific facts about your case that need to be analyzed and outlined. Let's call these specific facts the “Facts Beyond Change,” or, in other words, the facts that you cannot change. These may include what time the police pulled you over or when the police made the decision to arrest you. The chronology, or timeline, must be analyzed to find out how the DUI charged was assessed. Also, did the police find an empty alcohol container or drugs in your car? Did the police administer a breathalyzer test? What were the results of that test? Did they find alcohol or drugs in your body? We may be able to challenge the accuracy of these facts, but, regardless, these are the facts that we are going to need to deal with.


Next, you are going to need to deal with the laws surrounding your case. If you are charged with a specific offense, that offense is going to have specific legal elements. With a disorderly conduct charge, the main question would be, was it public conduct? When dealing with an assault case, there has to be serious injury involved. In a DUI case, was there drunk driving, and not just driving that does not constitute “bad” or erratic driving? Can intoxication be proven? Those are the specific elements of those types of cases.


Equity simply means is there any “fairness” that can be used in your case? Do you have any “life experience” or “good behavior” equity that you can bring to the table? Is this a first offense, or is this your third or fourth offense? Have you led an exemplary life? Do you have a perfect driving history? Have you never been in an accident? These are all factors that will be taken into consideration when you are facing your charge. Fairness or equity is certainly a defense because someone who has no prior charges or history should not be treated the same as someone who has an extensive history.

Get Help from an Experienced DUI Attorney

Those are the three main areas to consider, whether a case is criminal or non-criminal, in order wage a successful defense: Facts, Law, and Equity. If you have any questions regarding a Mississippi DUI matter, contact me. When you call me at (901) 318-3847, I will walk you through the process of waging a successful defense for your case. My name is James Robert Ferguson and I travel all throughout Mississippi zealously defending people who have been charged with DUIs, and I will work just as diligently on your case.

About the Author

James Ferguson

I was born and raised in Memphis, Tennessee. During college, I studied at East Tennessee State University, where I received a Bachelor's in Criminal Justice, which I then followed up with a Master's in Criminology from the University of Memphis. Before beginning my legal career, I worked as a Project Coordinator at the University of Memphis, where I assisted in training law enforcement officers in the Memphis Model of Crisis Intervention Training. The purpose of the project was to provide officers with the tools to deal with citizens in a state of mental crisis. I then went on to study law at the Mississippi College School of Law in Jackson. During law school, I clerked with Victor W. Carmody, Jr., the lawyer who wrote the book on DUI law in Mississippi. I am currently licensed to practice law in both Tennessee and Mississippi, and spend a majority of my time traveling the highways and biways of Mississippi defending those who have been charged with a DUI.


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Being charged with a crime is intimidating. Beyond the fear of jail, court costs, and fines, there are questions as to the impact on your job and your right to drive. Rest assured that I will be there every step of the way to guide you through the process, and to help you minimize the impact of a DUI on your life. Call me today.