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Mississippi DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI and Cannabis & Marijuana Law for Mississippi on
Q: I recently went through a road block, possession of less than one gram. What are my options?

Recently went through a road block were I was asked if I had been drinking or smoking that even, to which I answered “smoking yes earlier”, and was asked to get out of my vehicle. Officer claimed he smelled burned marijuana in my vehicle, and upon his search, nothing was found. Less than one... Read more »

Christopher Kittell
Christopher Kittell
answered on Nov 5, 2022

Hire a DUI attorney near you. He or she should be able to get you probation (if not an outright dismissal) since it’s a first offense.

1 Answer | Asked in DUI / DWI for Mississippi on
Q: Can I fight a 1st dui case without an attorney?
Christopher Kittell
Christopher Kittell
answered on Nov 4, 2022

You can, but that is not advisable. Just this week, I have two DUIs dismissed for different clients on technical grounds that you, as a non-lawyer, probably would not have caught.

1 Answer | Asked in Criminal Law, DUI / DWI, Personal Injury and Wrongful Death for Mississippi on
Q: Is this a bribe?: "if you state that you do not object to offender getting probation I will offer $200,000 restitution".

Drunk driver hit my vehicle

-killed my 4 year old son from fractured neck

-my 6 year olds spine snapped, and had internal bleeding from 3 organs

-i broke my right shoulder & suffered bilateral artery damage in my neck so high risk for blood clots in my brain... Read more »

Arthur Calderon
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Arthur Calderon
answered on Aug 27, 2022

This is a tricky one, because it sounds as though it may come dangerously close to being one, not to mention there is a question as to whether the defendant's "offer" could be discharged via bankruptcy or some other means. That being said, I'd be curious to know whether there... Read more »

1 Answer | Asked in DUI / DWI and Traffic Tickets for Mississippi on
Q: If an officer charge u with a dui and put the wrong vehicle information on the ticket can it be dismissed
Arthur Calderon
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Arthur Calderon
answered on Jul 27, 2022

It really depends on how bad the information is. If it is a completely different vehicle and absolutely nothing matches up, then there is a better chance of having the ticket thrown out, or at the very least casting the officer's story into question.

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Workers' Compensation for Mississippi on
Q: I know this is a long shot or if anything will come of this besides my answer I'm looking for or if anything can be done

I live in a small town in Mississippi as where the police dept I believe don't just do their job in some aspects but go far above and beyond the area of rights and I feel the deliberate disregard for one's rights giving the date place. And whom they are stopping!!! It's as if... Read more »

Arthur Calderon
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Arthur Calderon
answered on Jul 24, 2022

Without more information, it's very hard to answer your question. Generally speaking, officers and prosecutors have a lot of discretion when it comes to prosecuting or pursuing charges against a person. Even if charges are filed, they can decide to drop the case or drop only certain parts of it.

1 Answer | Asked in DUI / DWI, Family Law, Native American Law and Animal / Dog Law for Mississippi on
Q: I’m a victim due in court as the witness in a case of dog I don’t want to press charges. I wrote a statement.

What should I say in court? Should we both get a lawyer? Will this go on our record?

Arthur Calderon
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Arthur Calderon
answered on Jul 19, 2022

It really depends. There is nothing necessarily requiring you to have a lawyer as a victim; however, if there is the possibility of a civil suit for damages against the dog's owner, you may want to seriously consider having a lawyer present so that they can also communicate with the prosecutor... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Mississippi on
Q: I am facing trafficking charges possession of cocaine meth and marijuana dui and speeding
Arthur Calderon
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Arthur Calderon
answered on May 13, 2022

That's pretty rough, especially since the trafficking charge carries a mandatory minimum. Your best bet is going to be to get with an experienced criminal defense lawyer to discuss the facts of the case and see what can be done.

1 Answer | Asked in Criminal Law and DUI / DWI for Mississippi on
Q: I was charged with felony DUI in 2001, in MS. Is there NE chance I would be able to get my rights back, to hunt & vote?

I was charged in the state of MS, felony DUI. I’m a resident of FL. I was told I would need to go thru MS for this. I’ve been in No trouble whatsoever since this, and as a result of this dui, I haven’t had even a single sip of any alcohol either. This is coming up on 20 years ago that this... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Mar 22, 2022

You will need to hire an attorney for this. The petition will need to be filed in Attala County because that is where you caught the charge. Any attorney in the state can handle this for you.

1 Answer | Asked in Criminal Law and DUI / DWI for Mississippi on
Q: Posession of 7.5 grams of psilocybin mushrooms in ms actually less. This includes the bag. It’s more like 3 grams.

Felony or misdemeanor?

Amounts?

Penalty?

Picked from growing naturally

Found in automobile upon traffic stop

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 26, 2022

It's really all going to depend on the amount/weight that the crime lab determines was involved. If low enough, then it would be considered a misdemeanor. Regardless, the main thing is, assuming that you have been legitimately charged, you get with an experienced criminal defense lawyer so... Read more »

1 Answer | Asked in DUI / DWI for Mississippi on
Q: Why does it take so long to find a court date for a federal dui

Arrest Jan 10 have not been notified of a court date

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 14, 2022

That is rather unusual. Typically, the court will notify someone relatively quickly about a court date. Assuming that you have a lawyer, your best bet is going to be to talk with that person to get a status update. Otherwise, you may want to consider reaching out to the court clerk to request an... Read more »

1 Answer | Asked in Car Accidents and DUI / DWI for Mississippi on
Q: I had a vehicle accident and my vehicle landed on my own private property. No injuries occurred and no one but myself….

Was involved. I was detained and taken to my local police department under suspicion of DUI-other, whosever, that was not the case. I have seizures. That is what caused myself to run my car into a pole. Unfortunately, the police decided to have my vehicle towed away, even though it was situated on... Read more »

Arthur Calderon
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Arthur Calderon
answered on Feb 6, 2022

Yes, it is legal for them to have the vehicle towed if there is a suspicion of a DUI. It is a little tricky to seek reimbursement from them as a governmental entity, and would require you to challenge the DUI charge and beat the charge first. That being said, your insurance company may also... Read more »

1 Answer | Asked in Car Accidents and DUI / DWI for Mississippi on
Q: I had a vehicle accident and my vehicle landed on my own private property. No injuries occurred and no one but myself….

Was involved. I was detained and taken to my local police department under suspicion of DUI-other, whosever, that was not the case. I have seizures. That is what caused myself to run my car into a pole. Unfortunately, the police decided to have my vehicle towed away, even though it was situated on... Read more »

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 6, 2022

Yes, it is legal for them to have the vehicle towed if there is a suspicion of a DUI. It is a little tricky to seek reimbursement from them as a governmental entity, and would require you to challenge the DUI charge and beat the charge first. That being said, your insurance company may also... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Municipal Law for Mississippi on
Q: If an officer does not have on body and car cam and also does not read me my Miranda Rights what happens to the case.
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Dec 13, 2021

It would severely weaken the prosecution's case; however, it does not necessarily make it go away. What ultimately happens depends on the facts and circumstances that occurred, as well as what is presented at trial.

1 Answer | Asked in DUI / DWI for Mississippi on
Q: If someone got a dui in Mississippi in a commercial vehicle and they have 2 other dui’s but they are in TN.

The other dui’s are 13 yrs or older, is this classified as his 1st or 3rd. And can it be an aggravated dui if no one got hurt?

Christopher Kittell
Christopher Kittell
answered on Oct 24, 2019

First, because the other two are older than five years old.

1 Answer | Asked in Criminal Law and DUI / DWI for Mississippi on
Q: I had an accident and was transported to the hospital 6 months later I was picked up warrant for not showing up for

For court. The charge was DUI other but I wasn't tested, wasn't charged, booked in or etc. Was automatically found guilty when I missed court I knew nothing about what can I do.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jun 22, 2019

You need to contact a criminal defense lawyer ASAP, so that he or she can try and get the conviction overturns and force the prosecutor to start from scratch. Most lawyers on here, including myself, offer free consultations to see how we can help; however, you need to reach out to someone sooner... Read more »

1 Answer | Asked in DUI / DWI for Mississippi on
Q: Can a portable breathalyzer reading be used as evidence in court?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jun 22, 2019

Typically no, as it is only used for establishing probable cause to make an arrest based on a DUI.

1 Answer | Asked in DUI / DWI for Mississippi on
Q: What happens if an officer does not sign or put his badge number on a dui ticket?
Francis Springer
Francis Springer
answered on May 14, 2019

They will most likely add it later or it is on the original citation. The ticket someone gets when charged with a DUI is just a copy. The original citation goes to the court. It can be amended up to the day of trial. So the officer not signing or leaving off their badge number is not necessarily a... Read more »

1 Answer | Asked in DUI / DWI for Mississippi on
Q: I was issued a ticket for dui..no BA..no urinalisis...and no breathalyzer was administered. Also tickets for no insuranb

Current phone and address are incorrect on all

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 17, 2019

While the wrong information on the ticket is not in and of itself enough to get the charges dismissed, it sounds like you may have a viable defense to the DUI. I'd be curious to know the basis for them giving you a DUI.

1 Answer | Asked in DUI / DWI for Mississippi on
Q: Roadblock..i was issued DUI..expired DL..expired tag..no liability..no seatbelt passenger side.

No breathalyzer was administered..no BA..and no urinalysis. Also current address and vehicals year is not correct.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 17, 2019

While the wrong information on the ticket is not in and of itself enough to get the charges dismissed, it sounds like you may have a viable defense to the DUI. I'd be curious to know the basis for them giving you a DUI.

1 Answer | Asked in Criminal Law and DUI / DWI for Mississippi on
Q: I was convicted in 2006 for felony dui... what steps do I have to take to file for a certificate of rehabilitation in Ms

I have not had any tickets or convicted of anything since then. I'm disabled amputation of arm and I live by myself on the main highway. I need a way to protect myself if needed to

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 12, 2019

You need to get with an attorney to file the necessary petition with the relevant court, and have that attorney follow-up with the order certifying rehabilitation. Feel free to reach out to any attorney on here. Most lawyers, including myself, can provide a free consultation to guide you in the... Read more »

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