This is called a “diminished capacity” defense. The argument is that you admit you broke the law, but your actions should be excused because your mental functions were impaired so much you didn’t know what you were doing was wrong (“I was so stoned I don’t remember last Wednesday, much less the Taco Bell I robbed and the [...]
Read MoreJuly 2009
There is a section of the Mississippi Code Annotated entitled the “Alcohol Boating Safety Act.” Guess what that is about? That’s right, operating a “watercraft” (boat, jet ski, etc.) while intoxicated is illegal in Mississippi. The laws are a little bit different than the driving under the influence laws, but have the same “flavor” and [...]
Read MoreThe Clarion Ledger is reporting that a woman in Southaven, MS approached another woman in her driveway last Thursday and demanded her car. The woman quickly got her young children out of the car, and gave it up without incident. The woman then allegedly drove the car to an RV business, where she told employees she had a gun and [...]
Read MoreNo. Section 63-11-39 of the Mississippi Code Annotated specifically prohibits a judge or prosecutor from reducing a charge of DUI to a lesser charge. Some states allow this; Mississippi does not. So for the most part DUI is an all-or-nothing proposition in Mississippi, which is why it is important that you understand all of your [...]
Read MoreIn most cases, no. The general rule is that the police may search an arrested person and the area within their immediate control. For safety reasons, when you are arrested, the police may search you, and your wallet, purse, or anything you have with you. If you are in your kitchen, the police can probably search the kitchen, [...]
Read MoreStatute of Limitations You may be familiar with the term “statute of limitations.” The statute of limitations sets forth the period of time, after certain events occur, that legal proceedings based on those events must be started. If someone hits you with their car, you have a certain amount of time to either work it out with [...]
Read MoreIf you are accused of committing a crime in Mississippi, you will be involved with the state court system, or the federal court system. If you are having really bad luck, they will tag-team you and you will get to experience both at the same time. Federal courts are very different than state courts. Your court [...]
Read MoreShortly after 10 a.m. today, a man with a red bandanna and hair net across his face entered the Citizens Bank branch in Forest, Mississippi, east of Jackson, and pointed a pistol at a teller. The man had enough foresight to bring his own bag, and the teller filled it with money. The man left the bank [...]
Read MoreGot Stomach Problems? The Intoxilyzer 8000 ( the standard breathalyzer machine in Mississippi) operates under the assumption that it is measuring air from the deepest portions of your lungs. The mathematical algorithm the machine uses to extrapolate your blood-alcohol content (BAC) is based on this assumption. If you have heartburn, acid reflux, or gastroesophageal reflux disease (GERD), small amounts of alcohol [...]
Read MoreDon’t drink and drive. I said it. I mean it. I support it. The best way to win your DUI case is not to have one. But I’m not a preacher, I’m a lawyer, so enough said on that. That said – go to Part Two of How To Beat A DUI in Mississippi. If [...]
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