I was arrested in September for possession of alcohol. I did hours of community service and went back to the court a month later and passed the drug test. I was told that it was off my record. Last night, I was ticketed an MIP for alcohol at a con...
More information about your own individual situation will be needed to accurately answer your question. For example, you state that your first charge has been "cleared" off your record, but was it officially expunged? Please consult with a local criminal defense attorney. Most of us, including myself, offer free initial consultations.See question
Was giving a portable breathalyzer and recieved a ticket and released never did blood or urine
The BAC result on a portable/preliminary breath test is not supposed to be admitted in to evidence, but I have seen numerous municipal and/or justice court judges do crazy things such as allow it. If you are charged with a DUI, please consult with and hire an experienced DUI defense attorney to represent you.See question
I was walking up to my boy car and they had him pulled over all of a sudden another officer pulls up and arrest me for dui while walking
Consult with a criminal defense attorney who is proficient in defending DUI cases. Much depends on the allegations AGAINST you, which are not always truthful and accurate.
As far as suing, please take a step or two back and concentrate first on defending the criminal charge(s). Lawsuits against the police are largely expensive (few, if any, MS lawyers take them on "contingency fee" arrangements...in other words, the majority of lawyers will require an "up front" payment toward a retainer if he/she thinks there is any chance of success), time-consuming, lengthy (average 2-4 years), or even successful at the end of it all.
Final thing, for this response: MS law does not require any witness to personally see or observe a suspect driving, to charge or even convict, for a DUI. "Reasonable inferences" of operation/driving is all that the prosecution must introduce. If the police allege (whether true, or not) that you, or anyone else, admitted to driving at some point before you were arrested, that may be sufficient as proof of the "operation" element of DUI.
Once again, consult with and hire a qualified attorney to defend you. Good luck!See question
I was driving home early in the morning (5:30 a.m.) after being up for 24 hours. I had been driving for an hour and a half and was tired and ready to be home. While driving down the interstate, a cop from a neighboring city pulled me over for swer...
"Can a cop pull you over for suspected dui out of his jurisdiction?" Yes. This happens all the time.
"I guess my main question is will this stick up in court especially since the arresting officer did not witness me swerving and a cop from another city pulled me over?" It depends on a variety of factors. You need a proficient and knowledgeable DUI defense attorney to represent you.
"The law in my state does not allow cops to make arrest outside of their jurisdiction." I don't know if you "heard" this from someone or whether you are attempting to do your own research, but that is not correct. The Mississippi Supreme Court upheld a DUI conviction in 2010, in which the facts of the case involved a driver being stopped by a police chief who was not within his own jurisdiction when he made the traffic stop.See question
I was convicted of possession with intent several years ago and in the plea agreement it said that my charges may not be able to be expunged. Is this true?
By statute, a "possession with intent" conviction cannot be expunged. See Sect. 99-19-71 of the Mississippi Code.See question
My foster son was on probation. He was pulled over. Did 6 breathilzers (passed all of them) and was still charged with suspicion of a DUI. I'm curious on if the courts say innocent until proven guilty. How is this legal?
The standard for revoking someone on probation in Mississippi is very low. It is a "more likely than not" standard that someone violated the conditions, terms, etc., of the probation. See:
“[O]ur supreme court has stated that a conviction is not necessary to revoke probation. Probation may be revoked upon a showing that the defendant ‘more likely than not’ violated the terms of probation.” Younger v. State, 749 So.2d 219, 222 (¶ 12) (Miss.Ct.App.1999)See question
In 2010 I was convicted of misdemeanor marijuana possession in a motor vehicle.This was a first offense and fine was paid at the time of conviction.
Most likely, but more individualized information will be needed. Please contact and consult with an attorney who is experienced and proficient in filing "Motions to Expunge" for the best results. Good luck.See question
My bf (T) and his ex (CJ) were in a car and it was CJs birthday. Anyway, cj was celebrating his birthday and decided to buy coke and brought it to T's car. T and CJ had also smoked a little Marijuana previously and some in the car. Btw the parking...
Please, please do not volunteer any more information in a public Internet forum such as this one. Based on what you have stated, the Harrison Co. District Attorneys Office may have more than ample evidence to prosecute and get convictions and potential prison sentences in this case. If your boyfriend has not already done so, I urge him to consult with a criminal defense attorney ASAP! Last Fall, myself along with a Harrison County based attorney were able to convince the DA's Office, and then the Judge, to grant a statutory dismissal for a person who was charged with "Possession of Cocaine" in violation of Section 41-29-139 of the Mississippi Code. That effort was several long months of hard work and strategic preparation. The law is not a "do it yourself" profession if you don't have a law degree and law license.
Once again, please urge your boyfriend to schedule a consultation with a qualified attorney. Also, if possible, delete and take the information that you wrote off of the Internet, because if law enforcement looks for and finds it, this information could potentially be investigated and used against your boyfriend.See question
1st offense through a Road block & passed the initial tests at the site (walking line, following finger, stand on one leg, etc.), officer said you seem fine but since son told officer he had drank some, officer said he did have to be taken in for ...
Your question: "For a 1st offense of DUI ( .08 is law - 0.11 blown) have you ever known charges to be dropped?"
My response: Yes, but this is rare. That said, the odds of having the charge "dropped" are enhanced when you have a DUI defense attorney who the prosecutor and/or the officer(s) are familiar with, especially if the defense attorney has previously tried cases against the prosecutor, and won. In other words, a defense attorney's bargaining power to seek to get a DUI charge "dropped" is better when the prosecutor and/or officer(s) respect him/her.See question