Lawyers, Answer Questions  & Get Points Log In
Mississippi DUI / DWI Questions & Answers
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
PREMIUM
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
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 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 »

1 Answer | Asked in DUI / DWI for Mississippi on
Q: I got charged with 2nd dui but my first was 5 years and 2 months ago. should I plea not guilty?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Dec 13, 2018

You should definitely plead not guilty, and then get an attorney who can look at all of the facts and circumstances of your case.

1 Answer | Asked in DUI / DWI for Mississippi on
Q: How can I quickly expunge a DUI from my record?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Dec 1, 2018

It really depends on several factors, including whether the DUI carried an actual conviction, or whether it was non-adjudicated, as well as whether it was your first DUI. Your best bet is going to be get with a criminal defense attorney to further discuss and see whether it can be expunged.

1 Answer | Asked in DUI / DWI for Mississippi on
Q: Will be charged with 1st or 2nd dui? I had one in 2016 but went through non adjudication programs and got another 2018
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Oct 30, 2018

It will likely be your first, since the 2016 one was non-adjudicated.

1 Answer | Asked in DUI / DWI for Mississippi on
Q: Is there any element of a DUI case that requires you have to be aware of the drinking laws to be charged with a DUI?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Aug 22, 2018

Unfortunately, no. The law presumes that every citizen knows that law, particularly when it comes to DUI and implied consent.

1 Answer | Asked in Criminal Law, DUI / DWI and Juvenile Law for Mississippi on
Q: First I was caught having a pipe, later I was caught having smoked weed, however, none was left. What is my punishment.

First I was found having a pipe and grinder and for this I was let go with a warning. Later I was cought having smoked In a room. However there was no marijuana remaining when I was found. What is the criminal punishment for this. I am also under the age of 18.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Aug 21, 2018

You may just be looking at a misdemeanor; however, regardless, given that it was just a drug-related crime, you should consider reaching out to an attorney, as the attorney may be able to work something out with the prosecutor so that you avoid jail time.

1 Answer | Asked in DUI / DWI for Mississippi on
Q: What if you can't afford an Attorney for 2nd DUI?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jun 27, 2018

If you cannot afford an attorney, and the underlying charge carries the potential of jail time, then you may be offered an attorney to represent you (a public defender). That being said, many attorneys may be willing to work with you in terms of setting up a payment plan to cover your legal... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.