Victor Wallace Carmody Jr.'s Answers

License supposed to suspended but isn't.

This could be an error in your favor.First Mississippi does not have a DMV.The Department of Public Safety (Highway Patrol) issues and suspends your license.Notice of suspension is sent by the DPS to the address on your license,and until that notice is sent your license is not suspended. However, once the notice of suspension is mailed to the address on your license the letter will have the dates of suspension and procedure for reinstatement.Good Luck!

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Does the arresting officer have to write the alcohol reading on the ticket ? Plus, the machine wasn't working at the station.

Mississippi uses the Intox 8000 and this machine prints out a breath alcohol reading which is entered on the DUI ticket.In this case,the machine wasn't working,so there was no reading to be placed on the DUI ticket.A breath alcohol reading is NOT necessary to either charge the crime of DUI,or to be convicted of DUI.Judges,and courts recognize what in our state is sometimes called "common law DUI",and the proof of the crime is based on the arresting officers' observations,such as the lack of...

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If a cop give you a dui intoxilizer breath test hands you the tube and gives the tube to you {intoxilizer 8000)

What you have described is a very rare and unusual occurance.It appeares that you were offered the Intoxilyzer 8000 test which was intentionally stopped in order to take your blood for DUI purposes.All the officer has to do to stop the machine is to press one button,and the machine stops the test in progress.You were then offered the blood test,which you took.These two tests are separate from each other and the blood test can and will be used to make a case against you for DUI.Reasonable doubt...

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My neighbours dog barks almost all the time. How can I get it stoped

Many organizations could be involved in handling your problem.City government could be involved;for instance the police department could be contacted or the sherrif if in the county;small animal control officers would cone to your aid;the mayor may have an "action line" to hear problems;MARL (the Mississippi Animal Rescue League) will investigate these type of incidents.Please don't face off with your neighboor again,that is not going to work.You may have city ordinances which would allow you...

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Can it be a DUI second conviction?

The law in Mississippi is clear on this question.Your husband MUST have been CONVICTED of a DUI to be charged with a second DUI offense. Two charges for dui without a conviction must be tried as two first offenses.Please refer to my publication MISSISSIPPI DUI LAW AND PRACTICE,2010,Thompson/West or my web site mississippidui.com.

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How to get a bench warrant removed?

Hire another Attorney who has worked with military personnel.There should be a section of what is called "The soldiers and sailors relief act"which could provide relief for the contempt of court charge your husband is facing.Further ,consider calling your congressional repsentative (U.S. Senator.or U.S. Repsentative) These elected officials really support the Military and can bring this support to your husbands aid.Please collect his records of deployment along with all military orders ,travel...

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MY BOFRIEND IS GETTING CHARGED WITH 3 DUI BUT HE ONLY GOT CHARGED FOR FIRST DUI ON THE OTHER TWO WHICH HE GOT IN 6/2006 N 2/2008

A charge is not a conviction!All that law enforcement needs to charge your friend is a DUI ticket and a pen that works! Mississippi DUI Laws have a five year lookback provision which allows prior DUI CONVICTIONS to be used to enhance the punishment so that the third DUI can be treated as a felony,with one to five years prision time,loss of license and seizure of your car subsequent sale with the money given to the state.Was he CONVICTED in both 2006 and 2008? If so then this is a true third...

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I didn't have bond money, so to be released I had to plead guilty to a DUI to keep from losing my job. Can I give my plea back?

The State of Mississippi has a two level court system.This means that you can appeal from your conviction based on your plea of guilty to a higher court and and start your trial all over as if the lower court finding of guilty did not exist. This appeal procedure must be started within thirty days from the date of conviction,or you will have the dui conviction on your record for life.The only other way to proceed is to move the court to set aside your conviction for good cause shown and to put...

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Question: The arresting officer's DUI report does not agree with the video's information. How will my lawyer address this?

I must presume that you are currently being repsented by an Attorney,and if you are then the answer will be very short ASK YOUR ATTORNEY!! IF YOU ARE NOT REPSENTED BY AN ATTORNEY PLEASE POST THIS INFORMATION HERE AND I WILL ANSWER YOUR QUESTION. Victor Carmody DUI Attorney Co-Author Mississippi Dui Law and Practice 2009,2010,2011

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Ticket error

Tickets written by the Highway Patrol are tried in the Justice Court of ,in this case,Rankin County Mississippi.Take your ticket to your court date and when called to the bench show the prosecutor your valid license.Richard Wilson is the county Attorney,and he will probably dismiss the ticket.However,should you share your information about the officer's intent to ticket you with another offense,your ticket can be amended to show the correct charge,and the case will be prosecuted on the new...

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