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Mississippi DUI / DWI Questions & Answers

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 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 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 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 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 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 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 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 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 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 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 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 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 »

1 Answer | Asked in DUI / DWI for Mississippi on

Q: What is the difference between DUI and DWI?

William Head answered on Aug 21, 2017

Different states use different acronyms. No difference, in reality.

Drunk driving, it drugged driving, or impaired by both.

1 Answer | Asked in Civil Litigation, Criminal Law, DUI / DWI and Municipal Law for Mississippi on

Q: If you have the 5th ammendment right to remain silent, how can an officer cite or arrest a person for noncompliance

DUI or any other roadblock/ traffic stop

Paul Stanko answered on Oct 20, 2016

Noncompliance with what? The right to remain silent refers to testimony.

1 Answer | Asked in DUI / DWI for Mississippi on

Q: If I were pulled over and arrested under suspicion of DUI, taken to hospital for blood work, who responsible for BILL MS

Paul Stanko answered on Sep 24, 2016

You will be required to pay, if anyone is.

1 Answer | Asked in DUI / DWI for Mississippi on

Q: If convicted of dui; aftermath

Who is responsible for medical bills (bloodwork) attained during arrest for DUI -one time by licensed nurse

Paul Stanko answered on Sep 24, 2016

You are.

1 Answer | Asked in Consumer Law, Criminal Law, DUI / DWI and Civil Rights for Mississippi on

Q: Can a law enforcement officer allow someone of the public to hear the recording on a stop

Paul Stanko answered on Sep 24, 2016

That decision would normally be made by someone much higher up in the police agency, most likely the chief of police or county sheriff, as the case may be. Also, if the recording of the stop is part of an ongoing investigation or criminal prosecution, the prosecutor would have some input into that... Read more »

1 Answer | Asked in DUI / DWI for Mississippi on

Q: My licenses was suspened in 91 will that cause me to not get a new licenses now in 2016 in the state I live in now..?

Have not had licenses since 91..would the 91 DUI still be on my driving records for west virginia??

Paul Stanko answered on Sep 18, 2016

You need to check your driving record to see if you have any open suspensions, revocations or holds from your previous state. To get a new license, you must be clear in all other states.

1 Answer | Asked in DUI / DWI for Mississippi on

Q: I've just got my 2nd dui and what do I need to do

William Housley answered on Dec 2, 2014

The best course of action is to retain a local attorney to assistance. Good luck.

1 Answer | Asked in DUI / DWI for Mississippi on

Q: My wife was charged with DUI 1st other, what do i need to do now

Robert Jason De Groot answered on Nov 26, 2012

Get her an attorney asap.

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