Victor Wallace Carmody Jr.’s Answers

Victor Wallace Carmody Jr.

Jackson DUI / DWI Attorney.

Contributor Level 14
  1. Ticket error

    Answered over 3 years ago.

    1. Victor Wallace Carmody Jr.
    2. Lance O'Neal Mixon
    2 lawyer answers

    Generally all traffic tickets have court costs.Think of these court costs as an additional tax on the fines paid for traffic offenses.Courts have you pay fines which goes into the general fund of the city(city court)or county(county court)but the court costs can be for various local and state agencies which support the local court(like the county law library,the sheriff's jail fees,and the like) which are paid to the state to be distributed to these agencies.I know of no traffic charge which...

    1 lawyer agreed with this answer

  2. There was no prabable cause to stop me. He failed me on the 3 FSTs. Never a breath test. What are my odds to win?

    Answered over 3 years ago.

    1. Lance O'Neal Mixon
    2. Victor Wallace Carmody Jr.
    3. Jeffrey J. Padgett
    3 lawyer answers

    In addition to the best answer you will ever hear about probable cause to stop, from Mr.Mixon,I would also add the following.While you have the absolute right to defend yourself,I have never seen anyone win their own DUI,so you need a DUI Attorney.Next speak with several Attorney's so that you can make a better decision on who will repsent you in court.Third go to rating services such as AVVO(this one) and see if/how your Attorney is rated,and what other Attorney's,and former clients have to...

    1 lawyer agreed with this answer

  3. Can my son be charged DUI if the officers did not give him a breathalyzer test

    Answered over 3 years ago.

    1. Victor Wallace Carmody Jr.
    2. Jeffrey J. Padgett
    3. David Henry Novack
    3 lawyer answers

    Officers in Mississippi do not need an Intoxilyzer 8000 test result to charge your son for DUI.The DUI ticket allows the officer to bring a charge based on his observations(slurred speech,lack of coordination,smell of alcoholic drink,ect.);impairment based on legal drugs(Dr.'s prescriptions);flunking a breath test;or impairment based on illegal drugs.Did the officer have your son perform field exercises?If so this is evidence that the officer will use in court to help prove his case.Please also...

    1 lawyer agreed with this answer

  4. Need Advice on expungement

    Answered almost 4 years ago.

    1. Victor Wallace Carmody Jr.
    1 lawyer answer

    Please call our office,Mississippi has new court decisions which deal with this specific point.Your answer depends on the charge,the court where you appeared ,the matter of expungement (court orders)and the places where your expungements were sent.In short you will probably have to answer YES to these questions if a state license is at stake,and you will probably be able to explain,and your wording must be precise.The issues you need answers to far exceed the space provided here,for instance...

    1 lawyer agreed with this answer

  5. Can my husband be convicted of trespassing?

    Answered almost 4 years ago.

    1. Victor Wallace Carmody Jr.
    2. S K Mohel
    2 lawyer answers

    Mississippi has no requirment to post no tresspassing notices on property to warn others not to tresspass.That being said,I have no information concerning court orders between your husband and his former wife,or for child visitation.Since the child's mother had visitation that weekend it is her decision on where the child will be.Further the crime of tresspass is just a charge at this point,and a charge is not a conviction! Your husband was justified in his concern about his childs disapperance,...

    1 lawyer agreed with this answer

  6. Arrested for public drunk in ms

    Answered almost 4 years ago.

    1. Lance O'Neal Mixon
    2. Victor Wallace Carmody Jr.
    3. Stephen Walker Burrow
    3 lawyer answers

    I agree with Mr. Mixon's answer and would add the following. When you are facing a criminal charge, always consult with a criminal defense attorney, which doesn't mean you have to hire that person, but nothing good in court happens without having an attorney present or previously consulting with an attorney. Our criminal justice system is an alien environment for most people who encounter law enforcement and the worst thing that can happen to anyone is to either be suprised by something...

    1 lawyer agreed with this answer

  7. Who has jurisdiction on a case when both the accused party and victim are military and it happened out in town.

    Answered about 4 years ago.

    1. Victor Wallace Carmody Jr.
    2. Lance O'Neal Mixon
    3. Curtis Lamar Harrington Jr
    3 lawyer answers

    The Uniform Code of Criminal Justice (UCMJ) should cover this matter if it pertains to recieving stolen goods.Did the theft originally happen on a military base? Was there a confession? Who found the stolen items(the victim,or the base police) It is clear that the local county officials have no jurisdiction of the possession of stolen items,but some local police agency may have jurisdiction if the items were stolen at an address off base.Further the base police do have the power to investigate,...

    1 lawyer agreed with this answer

  8. Can speeding ticket be dismissed due to my copy not having my speed or the posted speed wtitten on it?

    Answered about 4 years ago.

    1. Victor Wallace Carmody Jr.
    2. Lance O'Neal Mixon
    3. Jeffrey Allen Howard
    3 lawyer answers

    Officers in Mississippi can amend their tickets at any time PRIOR to filing in court and swearing to the facts as true.After filing with the court ,the officer must have the courts permission to amend the ticket to add the speed.Most speeding tickets are denended in court without an Attorney,with the exception being commercial drivers,whose livelyhood depends on having a valid license.All Mississippi city and justice courts will allow you to attent a driver improvement course which will keep...

    1 lawyer agreed with this answer

  9. What is the best way to get a witness to testify on your behalf? For example, if I wanted a school principle to testify.

    Answered about 4 years ago.

    1. Victor Wallace Carmody Jr.
    2. Lance O'Neal Mixon
    3. Charles Elwood Soechting Jr.
    3 lawyer answers

    If you are reprepsenting your self appear at your arrignment(first court date on ticket)enter a not guilty plea,have a trial date set,and ask in writing for a subpeona to be served on the school principal.HOWEVER,do not expect this witness to testify for you,afterall this is the person who set up the police to watch the school zones to begin with!!! Victor Carmody

    1 lawyer agreed with this answer

  10. Can a DUI ever be removed from record?

    Answered about 4 years ago.

    1. Victor Wallace Carmody Jr.
    2. Kevin Thomas Stewart
    3. Robert Edward Calesaric
    3 lawyer answers

    DUI's in Mississippi become lifetime conviction records and can not be removed from your record.Our court rules allow a new trial in a county or circuit court,if the case is appealed within thirty days,so time is not on your side.Please consult a Mississippi DUI Attorney today! Victor Carmody 1-800 360-3847

    1 lawyer agreed with this answer