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Mississippi DUI / DWI Questions & Answers
2 Answers | Asked in DUI / DWI and Traffic Tickets for Mississippi on
Q: I got ticket for reckless of driving and dwi when I went to court they never called me and the clerk could not find me

Could not find me in there system what should i do

T. Augustus Claus
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answered on Dec 19, 2023

If you received a reckless driving and DWI ticket in Mississippi, and the court cannot locate your information, take the following steps: contact the court clerk's office to inquire about your case, verify the accuracy of your ticket details, and consider seeking legal advice, especially if... View More

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1 Answer | Asked in Traffic Tickets and DUI / DWI for Mississippi on
Q: will a old ticket i got taken off be brought up in court if i got reprimanded a second time

I got a speeding ticket about a year ago, and I got it fixed where I wasn't ordered to court or pay a fine and was told if I got reprimanded again, the judge would bring it up and make me pay the speeding ticket. is that true? The ticket I got taken care of was just speeding, and my new ticket... View More

T. Augustus Claus
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answered on Dec 12, 2023

Whether an old ticket can resurface in court for a new offense in Mississippi depends on factors like the judge's discretion and your driving record. While there may not be a specific law requiring it, judges can consider past infractions during sentencing. Your previous speeding ticket, even... View More

1 Answer | Asked in DUI / DWI for Mississippi on
Q: Got a dui 1st suspended license no insurance which I have at time of said stop and non injury child endangerment

Not been in trouble in 10 years no felonies ever what am I looking as far as what the judge will say??

T. Augustus Claus
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answered on Jul 24, 2023

Driving with a suspended license and no insurance can bring more penalties. Child endangerment charges, especially with a child in the vehicle during the DUI, can lead to even harsher consequences.

1 Answer | Asked in DUI / DWI for Mississippi on
Q: What should I do I missed my court date of April 18th for Dui other possession of paraphilia expired DL expired tag
David A. Simon
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David A. Simon
answered on May 24, 2023

People miss their court dates all the time. If you hire a DUI attorney in your area he/she can clear the warrant, enter the plea of not guilty and get the case going in the right direction. Its best to have some reason why you failed to appear but its not required.

1 Answer | Asked in Traffic Tickets and DUI / DWI for Mississippi on
Q: I have a court date on my ticket , not the same date apparently and now there is a warrant out for my arrest ?
David A. Simon
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David A. Simon
answered on May 24, 2023

You need to contact a DUI attorney in your jurisdiction. Many times an attorney can clear the warrant without you having to post bail. This can save you thousands of dollars. Don't turn yourself in. Just seek out counsel.

1 Answer | Asked in DUI / DWI for Mississippi on
Q: Do I need an attorney to file a petition in the circuit/county court having original jurisdiction of violation 63-11-23
John Michael Frick
John Michael Frick
answered on Apr 18, 2023

Anytime anyone asks, “Do I need an attorney?” The answer depends on your answer to the question: “Are you confident that you know how to do it yourself without an attorney?”

Legally, individuals are generally allowed to do for themselves as individuals most of the things an...
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1 Answer | Asked in DUI / DWI for Mississippi on
Q: My son was arrested and charged with dui and reckless driving. He refused the breathalyzer therefore no evidence. Cont.

His Mariana rights weren't read til he got to the police station. Does that matter and are public defender lawyers reliable?

Arthur Calderon
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Arthur Calderon
answered on Mar 12, 2023

Whether he was read his Miranda rights depends on whether he was subjected to an interrogation, where he incriminated himself. As to the public defender, it really boils down to whether you satisfied with the public defender or not. There are good public defenders, just as there are good private... View More

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... View 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... View 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... View 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... View 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... View 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... View 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
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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... View 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
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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... View 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... View 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... View 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
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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.

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