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Victor Wallace Carmody

Victor Carmody’s Answers

392 total


  • License supposed to suspended but isn't.

    I was convicted of a DUI. I thought my license was supposed to be suspended but everytime I've called the DMV to check they say they are valid. I initially called because I hadn't received a letter and thought it may have gotten lost in the mail. ...

    Victor’s Answer

    • Selected as best answer

    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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  • 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?

    My keys were in the ignition, I was behind the wheel, but only to steer while someone pushed me out of the road. I ask the officer to give me a breath test and he refused. Now my license is suspended for two years on an bogus arrest. What can I do?

    Victor’s Answer

    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 your case back on the court docket for a trial,which is very difficult.Since you now have a two year license suspension,I must conclude that this is a second dui offense,so some of this you must already know,but without hiring a lawyer,you may not.Good luck!

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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?

    The arresting officer's written report is not at all as the video shows. He states I broke position several times during the field sobriety tests, walked not toe-to-heel but side-to-side in the walk and turn test, and moved my head too much in th...

    Victor’s Answer

    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

    I received a ticket for no or expired driver license from a state trooper but he really meant to give me an expired inspection sticker. Should I contest the ticket or should I plead guilty and show him my valid driver license and maybe it will be ...

    Victor’s Answer

    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 matter.Good Luck

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  • Ticket error

    Will I have to pay court court cost If I choose to go to trial for a ticket?

    Victor’s Answer

    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 does not have a court costs.

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  • 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?

    Turned at a stoplight, signal on. Said I hesitated before moving. Car in front of me hesitated. Pulled me over. What is his basis for probable cause? Took FSTs. Sorry, did not decline now that I know. He failed me. Poor instructions, at a truck...

    Victor’s Answer

    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 say about them.When you meet with your Attorney please be prepared to question his/her credentials.Please visit www.mississippidui.com and look for questions to ask a DUI lawyer before hiring that Attorney.Please remember nothing good happens in court without a good Attorney.

    Victor Carmody

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  • Will my Pre-Trial Intervention Officer find out if I am arrested in another state?

    I started PTI (in Mississippi) almost 8 months ago in Jan, in April I was arrested in Alabama for thest 3rd, it has been 5 months and I mail in my reports and fees and I have not been told anything about it. There is a new PTI officer that is not...

    Victor’s Answer

    All pre-trial intervention agreements will have a provision requiring you to notify your PTI Officer about any new arrest or conviction!It is always better to notify yourself rather than have the charge/conviction show up in a records check,which is usually done at random times,but always prior to the compeletion of your program.You were unsuccessful in Alabama and your conviction will certainly show up.I know this is not the news you wanted to hear,but you should get help from a local Criminal Defense Lawyer to help you.Good Luck!

    Victor Carmody

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  • Punishiment for embezzling mon ey from your job

    i have a friend that has 6 counts of embezzlement from the job what will happen if they press chages against the person

    Victor’s Answer

    Your phrase"6counts"indicates that charges have already been filed against your friend.Embezzlement charges are felonies,which carry prison sentences in excess of one year.Felony charges are brought by way of Grand Jury indictment,and ,if indicted,the trial will take place in the county where the crime occured.the jury(12) must all vote to convict and the standard of proof is"beyond a reasonable doubt".If convicted the Judge would then sentence this person to prison.Your friend has the right to repsent himself but he would be wise to hire a good criminal defense Lawyer.

    Victor carmody

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

    the officers told him it was not working

    Victor’s Answer

    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 understand that a charge is not a conviction,and your son's case can be defended ,so please contact a DUI Attorney today.

    Victor Carmody

    Board Certified DUI Attorney

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  • Need Advice on expungement

    I got in trouble a long time ago, I was given a non-adjudicated sentence, that was expunged. In the news paper was an article concerning a individual who lost his gaming license for pretty much my offense, except mine was possession only. His wa...

    Victor’s 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 when you were arrested you generated arrest reports locally,at the state level and with national agencies(FBI) . Court orders from state courts can be used to expunge local and state records BUT not the FBI.Simply put your issues in this state require the assistance of a Criminal Defense Attorney for a full consultation.Good Luck!!!

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