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Jackson DWI Lawyers

1. Alonzo, Thomas: DUI, DWI, Driving Under the Influence of Drugs or alcohol
2. Ferrington, Anders: * Federal Charges * State Charges * Felonies * DUI * Drug Charges * Misdemeanor * Expungement * Wildlife Violations * Forfeiture
3. Caldwell-Bishop, Monti: Misdemeanor & Felony Domestic Violence Drugs Homicide
4. Gordon Law Firm: * Criminal Defense * Felonies * Misdemeanors * Murder * Property Crimes * Drug Crimes * Assault * Domestic Violence * DUI
5. Smith, Rushing, Cotton & Robinson: CRIMINAL DEFENSE DUI ¥ Drug Offenses ¥ State & Federal Felony & Misdemeanor
6. Young Williams: These issues can range from a business being served with a subpoena for testimony or the production of documentation to an individual being charged with a serious felony or misdemeanor.
7. Mayhue, Robert: When faced with a legal question, it is important to to consult with someone who treats you with respect, has the ability to respond to your needs and goals, and who will work to achieve results in your best interests. People generally do not seek legal counsel unless they are experiencing a difficult time in their lives. It is during those tough times that you need to be able to place your trust and faith in someone to guide you through the storm.
8. Coxwell & Assosciates: Criminal Defense Criminal defense refers to the defense of a person accused of a crime or of a person being investigated for criminal activities. There are many crimes that require criminal defense lawyers. Some of these include murder, burglary, arson, embezzlement, credit card fraud, domestic violence, child abuse, computer crimes, drug offenses, and sex offenses. If you have been charged with a criminal offense in Jackson, Mississippi, you need lawyers that will fight for your rights. DUI Laws in Mississippi Summary If you are arrested in Mississippi for driving under the influence (DUI) and you refuse a breath, blood or urine test, you basically have two cases. First there is the criminal case where a DUI conviction can result in fines, jail time, mandatory alcohol education programs, and more. The other case is the administrative hearing where the Department of Public Safety attempts to suspend your license for refusing the blood, breath or urine test. Coxwell & Associates can answer any questions that you or someone you care about has about a DUI charge. You can contact Coxwell & Associates by calling 601-948-1600. Our lawyers have handled countless DUI cases over the years and have acquired valuable experience that can help you with your DUI defense. Please visit our DUI for the Business Man page for additional information. DUI: The Basics In Mississippi, it is illegal to drive while under the influence of alcohol or while having a blood alcohol level of .08% or more. If you are under 21, having a blood alcohol level of .02% or more is considered illegal. The legal limit is .04% for those driving commercial vehicles. If someone is arrested in Mississippi and has a blood alcohol content of .08% or greater, their driver's license will be seized. You receive a temporary driving permit pending your DUI trial and this temporary license may be extended by requesting an extension through the court to allow you to drive until your court date. Breath Test Refusal Hearing If you are charged with DUI in Mississippi and you refused to submit to a breath, blood, or urine test, the Department of Public Safety will attempt to suspend your license or privilege to drive for 90 days to one year. This suspension will occur PRIOR to any criminal trial for DUI (in most cases) and will be automatically entered against you unless you appeal the suspension within 10 calendar days of the post mark of the letter of intent to suspend. Filing an appeal does not postpone the suspension. The temporary license you receive when you refuse a test is valid for only forty five days from the date of the arrest. This temporary license cannot be renewed or extended for any period of time. The test refusal hearing is conducted by the County Court Judge or a Circuit Court Judge (in those Counties which do not have County Court judges) in the county of your arrest. There will not be a jury and the judge will announce the decision at the end of the hearing. The burden is on the state to prove that you were operating your vehicle while under the influence of intoxicating beverages (or other substances) and that you refused to submit to a valid blood, breath or urine test. The burden of proof is not as great as in a criminal trial ("beyond a reasonable doubt"). Instead, the State has to prove their case by a "preponderance of the evidence," which means "more likely than not." The State is required to show, among other things, that the officer had "probable cause" to stop your vehicle. Many DUI refusal cases have been won where the officer did not have probable cause to stop the vehicle. The hearing is required to determine if you will be able to retain your driving privileges until the end of your DUI case. This hearing offers a great opportunity to cross-examine the officer under oath about the facts of your case. Since this is a civil hearing, you are entitled to conduct discovery Ð take the officer's deposition and propound questions to the officer which he has to answer under oath. This will further help you prepare for your case. DUI Trial Your first DUI trial will take place in either a Justice Court or Municipal Court. These courts do not have court reporters so Coxwell & Associates will retain court reporters to take down all the testimony. This is important if you are convicted and have to appeal. If you are found guilty in the Justice or Municipal Court, you can appeal that conviction to County Court (or Circuit Court in those counties which have no County Courts) where you will get a trial de novo, meaning that you are entitled to have a "new trial" on the merits of your case. Appeals must be filed within 30 days of your conviction in Justice or Municipal Court. If you are convicted in County Court, you are entitled to file an appeal to the Circuit Court, but you may only submit briefs. Live testimony is not allowed. Thereafter, appeals to the Mississippi Supreme Court or Court of Appeals are only permitted if you raise constitutional issues. DUI Penalties Criminal penalties in Mississippi DUI cases are very serious. DUI convictions are maintained on your criminal record for 5 years, meaning that previous DUI offenses can be used to trigger enhanced punishment within five years of your first offense. Third-offense DUI cases (meaning 3 offenses committed within 5 years) are treated as felonies in Mississippi. A person can also face vehicle impoundment and forfeiture of his vehicle. DUI for Minors (Under 21) First offense DUI: * Applies if test results are between .02% -.08% Breath Alcohol Concentration * If you refuse the test, you are treated like an adult first offense * $250 Fine * Victim Impact * Alcohol Safety Education Program (MASEP) * Ninety days license suspension * Thirty days if no breath test * DUI may be non-adjudicated at court's discretion Second offense DUI: * $500.00 Fine * License suspended one year (reduction to six months after certified alcohol/drug program) Third offense DUI: * Up to $1,000.00 fine * License suspension for two years or until age 21 (whichever is longer) * Completion of certified alcohol/drug program DUI for Adult (Over 21) First offense DUI: * $250-$1,000 fine and court costs * Jail time 48 hours * One year license suspension * MASEP & Victim Impact Second offense DUI within 5 years: * Fine range of $600-$1,500 and court costs * Jail time 5 days to one year, community service of 10 days to one year * Two years license suspension * Vehicle impounded or immobilized for term of license suspension Third offense DUI: * Fine range of $2,000-$5,000 * One to five years imprisonment * DriverÕs license suspended for five years * Vehicle seized and sold with proceeds to the state * Felony conviction - loss of civil rights (cannot vote or own a handgun) * DUI resulting in death or disfigurement - Any person who is DUI and in a negligent manner causes the death of another or mutilates, disfigures, permanently disables or destroys the tongue, eye, lip, nose or any other limb, organ or member of another faces imprisonment in state penitentiary for a period of time of not less than five years and not to exceed twenty five years. License Reinstatement * Must attend MASEP (Mississippi Alcohol Safety Education Program) * Proof of insurance. SR-22 filed for three years * Must show proof of payment of fines and completed jail time * Must pay reinstatement fee of $100 Hardship License (available only to first time offenders who take the Intoxilyzer Test). Only available for the following purposes: o Continue employment o Continue attending school or an educational institution o Obtain necessary medical care o License must be suspended for a minimum of 30 days before Hardship License can be granted Refusal Penalties 63-11-23 * 1st Refusal - Suspension of license for 90 days * 2nd Refusal - Suspension of license for 1 year * 3rd Refusal - Suspension of license for 1 year * Suspension is in addition to any suspension for a DUI conviction and is consecutive to any other suspension period
9. Pearson, Mark: If you've been charged with a serious white collar crime, by no means should you give up the fight for your defense. A charge is not a conviction, and with the right defense strategy, you can avoid the harshest penalties. Prepare yourself for the battle ahead and make sure that the lawyer you hire for your white collar crime defense is one who will stand by your side.
10. Camp Law Firm:

    A charge of driving under the influence carries these potential consequences for drivers in the state of Mississippi:

    1. Can harm your employment if driving is required
    2. If convicted, you may need to purchase SR-22 (high risk) insurance
    3. If you do not purchase SR-22 insurance, your license will be suspended
    4. You may not be able to rent a car
    5. A DUI charge will stay on your driving record for 5 years
    6. DUI charges remain on your criminal record for life
    7. Any additional DUIs you receive will increase the penalties you are subject to.
11. Royals & Mayfield: The crucial question is how to defend yourself against state charges. You need a lawyer with massive experience and a proven reputation. IT REQUIRES SKILLED AND EXPERIENCED ATTORNEYS TO EFFECTIVELY GO AGAINST COMPETENT PROSECUTORS. Experience and resources are needed to counter unlimited resources available to the state government.
12. Sam Brand: The laws are tough in Mississippi for second and third time DUI offenders – you can potentially lose your license or face jail time. Having an experienced criminal lawyer on your side may dramatically lessen jail time, or protect your employment rights. No matter what you’ve been charged with, you still deserve fair representation in a court of law.
13. William Feathertson: When you have to go to court, whether to secure the custody of your children in a divorce proceeding, to recover compensation for an injury sustained in a motor vehicle accident, or to face charges in a DUI case, you want reliable, consistent legal representation Ü you want the kind of lawyer who makes a difference in your case. You want an attorney with a background of legal successes and insight that effects positive change.
14. Beverly Poole: DUI   Being arrested for driving under the influence of drugs or alcohol can be devastating.
15. Rundlett Law Firm: In Mississippi, if you are stopped for impairment testing and refused the test, you face an automatic suspension of your license, which can last from between 90 days to one year. An appeal from a suspension must be started right away, since you have only 10 business days to file one once you are on notice of suspension. Do not hesitate to contact a lawyer with experience in challenging DUI-related suspensions. Even if you cooperated with the testing procedure, you can still face a suspended license if your result exceeded the legal limit. Drinking and driving itself isn't a crime; you must be shown to be impaired. A conviction for DUI will go on your criminal record, so do not dismiss the importance of defending yourself in court the best that you can. You will certainly need to have an attorney who can assure that your rights are protected, and appeals from initial suspensions still need to be made immediately. Your lawyer can help you challenge roadside tests or breathalyzer results; reduce or dismiss charges; or seek creative resolutions such as conditional discharges, diversions, alternative sentences or plea bargains.
16. Brumley & Smith: In most cases, an officer who suspects that you may be impaired will ask you to perform some field tests. Most of these tests are divided attention tests. In other words, the test is designed to test both your ability to understand direction and your physical ability. You have no legal requirement to perform a field sobriety test and there is no penalty based upon refusal alone. Most people believe that they can perform these tests better than they really can. Many people cannot perform these tests on their most sober day. If a person has any physical problems, is fatigued, on medications, or just lacks much coordination, then a quick explanation of this condition to the officer and a respectful refusal will be an appropriate response in most cases. Frequently Asked Questions About DUI 1. What signs or cues indicating impairment do law enforcement officers look for in an individual's driving? The National Highway Traffic Safety Administration (NHTSA) has set out the following list of symptoms, in descending order of probability, that indicate the person observed is driving while intoxicated. 1. Turning with a wide radius. 2. Straddling center line or marker. 3. "Appearing to be drunk." 4. Almost striking object or vehicle. 5. Weaving. 6. Driving on other than designated roadway. 7. Swerving. 8. Speed slower than 10 mph below posted limit. 9. Stopping without cause in a traffic lane. 10. Following too closely. 11. Drifting. 12. Tires on center lane or marker. 13. Braking erratically. 14. Driving into opposing or crossing traffic. 15. Slow response to traffic signal. 16. Signaling inconsistent with driving action. 17. Stopping inappropriately (other than in traffic lane). 18. Turning abruptly or illegally. 19. Accelerating or decelerating rapidly. 20. Headlights off during night driving. 2. After the officer has pulled me over and is approaching my vehicle, what symptoms of intoxication is the officer looking for? Officers are trained to look for certain symptoms or conditions in a person's appearance or demeanor. Some of these conditions are: 1. Flushed (red) face. 2. Watery, bloodshot, dilated, or glossy eyes. 3. Odor of alcohol on the breath. 4. Slurred, thick-tongued, or incoherent speech. 5. Stumbling, swaying, needing assistance to stand. 6. Antagonistic, combative, sarcastic, profane, insulting, illogical attitude. 7. Inability to follow directions. 8. Soiled clothing, urinating on self, vomiting. 9. Disoriented as to time and place. 10. Inability to retrieve license or other items requested by officer.
17. Vick & Baxley: Before, During, and After an Arrest for Driving Under the Influence D.U.I. navigation Before * cartoonYour automobile can only be lawfully stopped by an officer if he/she has a reason to believe that you are breaking the law (i.e. a tail light out, running a stop sign, speeding or driving recklessly.) * After a lawful stop, an officer can ask you for identification and/or your license. * If an officer asks you if you have been drinking, if you have been, you are not required to and should not answer. * You may be asked to take a test at the time and place you are stopped (i.e. stand on one foot, count backwards, etc.) You are not required by law to perform such tests and should refuse to do so. * A breath and/or chemical test may be offered to you by the officer at the scene or at the police station. * You may refuse to take the test and should refuse to do so if you have been drinking within the previous 48 hours. * Do not attempt to judge your own level of intoxication when deciding whether or not to take a breath test. The average person is always wrong. During * cartoonIf you are arrested, do not argue with the police officer. * Do not talk to anyone at the scene or in the jail about your case. * Ask the police officer to allow you to call a friend to drive your car home or to make a call to another person concerning your car. (Towing services that are called by the police may damage your car and/or charge excessive fees.) * Call a bonding company or a friend to bail you out of jail immediately. * Ask for a receipt for any property taken from you. * A police officer may tell you that refusal to take the test will result in your license being suspended for 90 days. That may or may not be true, but is not a basis for taking the test if you have been drinking or taking medicine within 48 hours. * If you are injured, request your own doctor and refuse to give a blood sample to police. * Do not ride in an ambulance called by police if you are able to go to your own doctor without help. After * after releaseAfter your release, immediately speak to a friend or any witnesses who can testify as to your condition upon release from custody. * Make a list of witnesses to be called later if needed and record all you remember about the events that have occurred. * If you feel that you were not legally intoxicated, immediately go to a private doctor or clinic to obtain a blood alcohol test. Contact an experienced attorney as soon as possible.
18. Victor Carmody: Should the police stop you, know your legal rights... Most Americans, don’t know their legal rights, particularly when a roadside (traffic) "stop" or arrest is involved. In fact, there are a lot of misconceptions about legal rights.  Here are just a few:
    1. Most people believe that they are guaranteed the right to call an attorney for advice. WRONG.
    2. Most people believe that they can talk the officer into letting them go. NOT ANY MORE.
    3. Many people believe that by cooperating with the officer in doing roadside tests they will be able to convince the police not to arrest the. NOT SO, IF YOU ARE A DUI SUSPECT.
    4. From watching TV police stories, many people erroneously believe that police can automatically search your vehicle. NOT WITHOUT YOUR PERMISSION, unless the officer has reasonable cause to believe that a crime in being committed or is about to be committed.
19. Vick, McNees & Herring:
    1. After your release, immediately speak to a friend or any witnesses who can testify as to your condition upon release from custody.
    2. Make a list of witnesses to be called later if needed and record all you remember about the events that have occurred.
    3. If you feel that you were not legally intoxicated, immediately go to a private doctor or clinic to obtain a blood alcohol test.
    4. Contact an experienced attorney as soon as possible.
20. Braddock Law Firm: Although you already realize the seriousness of a DUI arrest, you might not realize the penalties for a DUI conviction in the State of Mississippi. First, you should realize that in the State of Mississippi, first and second DUI convictions within a period of five years are classified as misdemeanors. However, a third DUI conviction is a FELONY if it occurs within five years of being convicted for a first offense DUI. The following penalties and fines exist for DUI convictions in the State of Mississippi as of September 2000.