Victor Wallace Carmody Jr.’s Answers

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!

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...

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...

There are at least two very important considerations to address:1,Ole Miss has a two strike policy on alcohol related offenses,which may include "drunk in public"charges.One more alcohol related charge(DUI,open container or drunk in public) will subject you to removal from campus;2 ,The nursing board can deny,or restrict your ability to practice.I have represented clients before the nursing board,and found the board to be very NON-forgiving,with automatic referral to the recovering nurse...

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...

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.

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...

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...

I am not quite sure of the term you used to describe the manner in which your DUI case in Texas was handled.I do understand that your blood was tested,and you were initially charged with a DWI(that is the way Texas charges for driving under the influence) pending results of your blood test results.Once these results were received the Prosecutor evaluated your case for trial,and with a blood test in your favor,decided to not prosecute this charge. I don't have any information about the initial...

The Mississippi Highway Safety Patrol(MHSP) has computer programs that are currently set for five years of offenses under the traffic code,due primarily to the length of time law enforcement looks back to enhance punishment for DUI's(three DUI's in five years becomes a felony) Generally traffic tickets both stay on your record forever,and con not be expunged.However after five years MHSP would have to go into the records to find that which is no longer on their current computer records.In...