Testing ? And if so what is the sub section law that states this right?
You may request an attorney, which you should do in a situation in which you feel that you are being investigated for DUI, but there is no constitutional or statutory right to have an attorney present during any type of DUI tests, such as field sobriety, portable breath testing, Intoxilyzer 8000 breath testing, and/or blood testing.
There is case law from and since 2013 suggesting that we, as individual citizens, must affirmatively invoke our right to remain silent during law enforcement questioning. (See the last paragraph that I am providing for you.) My general advice is to always do this (expressly state that you wish to invoke your right to silence) and to politely decline any demands or offers to take DUI "tests." Much too often, though, people talk way too much during their encounters with the police. Do not be rude to them. Do not talk about your "rights" with them. Do not threaten to sue them. As hard as it is for many people to do, the ones who can remain calm and collected and who say very little, if anything at all, during police questioning, generally stand better chances at getting charges dismissed or being acquitted in trial.
If you have been arrested and charged with a DUI offense in Mississippi, please contact and consult with a a criminal defense attorney who is proficient in handling DUI cases. Myself, like many others who are part of the Avvo listings, offer free initial consultations.
[In the 2013 U.S. Supreme Court case of Salinas v. Texas, 133 S.Ct. 2174 (2013), the majority of the Supreme Court Justices ruled, in pertinent part, that "the Fifth Amendment does not prohibit the prosecution from commenting on a defendant's silence in response to noncustodial police questioning; a defendant is required to expressly invoke the privilege against self-incrimination in order to subsequently benefit from it.] And, for the person asking the question here, the general "benefit" that is referenced by the Supreme Court is that the prosecution may not introduce the evidence of a person's exercise of silence as "consciousness of guilt," which doesn't help the prosecution's case against a defendant but DOES HELP a criminal defense attorney defend his/her client.
I hope that I have been helpful in answering your question.
I spent 6 days in jail for a possession of paraphernalia charge and going to court for it soon. I have never gone to jail before this so I have never been charged with anything. What am I looking at?
If you plead guilty or are otherwise convicted of this, up to 6 months of jail, $500 fine plus court assessments, misdemeanor probation, a mandatory driver's license suspension by the Mississippi Department of Public Safety, in addition to collateral consequences such a criminal conviction record, loss of financial aid, and more.
Contact a criminal defense attorney for a consultation (the consultation is free with my office, as with many others) because you may have some options to fights this in Magee and Simpson County.See question
The person was driving a relative's car that evidently needed some repairs such as a broken tail light among other things. The person received a speeding ticket along with the other citations due to the car being in disrepair. It's been over 25 ...
I have seen cases in which people are denied driver's licenses in a new state for "holds" coming from a previous state that he/she was licensed in, going back to the 1970s. There is no "expiration date" for this type of issue, so "the person" will have to clear any "hold" against the license, if that is what the issue is.See question
my husband needs a TWIC card for work & possibly a Passport he was working as surveyer bout 2 yrs ago & had to quit because ATF denied his explosive license he's never had any violate convictions and no wrecks from DUI no personal property damages...
Unfortunately, a Felony DUI conviction cannot be expunged under Mississippi law. The current version of the only source of expungement law for any DUI "conviction" is Mississippi Code Section 63-11-30(13), with the operative language to address your husband's situation being that only a conviction of "a first offense of driving under the influence" is expungable for one "(iv) who has not been convicted of and does not have pending any other offense of driving under the influence":
(13) Expunction. (a) Any person convicted under subsection (2) or (3) of this section of a first offense of driving under the influence and who was not the holder of a commercial driver's license or a commercial learning permit may petition the circuit court of the county in which the conviction was had for an order to expunge the record of the conviction at least five (5) years after successful completion of all terms and conditions of the sentence imposed for the conviction. Expunction under this subsection will only be available to a person:
(i) Who has successfully completed all terms and conditions of the sentence imposed for the conviction;
(ii) Who did not refuse to submit to a test of his blood or breath;
(iii) Whose blood alcohol concentration tested below sixteen one-hundredths percent (.16%) if test results are available;
(iv) Who has not been convicted of and does not have pending any other offense of driving under the influence; and
(v) Who has provided the court with justification as to why the conviction should be expunged.
(b) A person is eligible for only one (1) expunction under this subsection, and the Department of Public Safety shall maintain a confidential registry of all cases of expunction under this subsection for the sole purpose of determining a person's eligibility as a first offender under this section.
(c) The court in its order of expunction shall state in writing the justification for which the expunction was granted and forward the order to the Department of Public Safety within five (5) days of the entry of the order.
All of that stated, please contact your local Mississippi state senators and house of representatives members and ask them to consider broadening the expungement laws to allow people such as your husband to potentially gain relief in the future.See question
As Mr. Simpson explained, you absolutely need a lawyer to assist you to achieve the best results possible. As far as "what to expect," that question usually contains a variety of answers to a variety of case related issues, which your lawyer will need to help with you with.
If you have not already done so, please seek out some consultations with attorneys who take DUI cases. Good luck!See question
I am attending my first AA meeting tomorrow, and I am currently trying to be admitted into an outpatient rehab facility because I am a full-time student. I went through a rode block and blew .19. Is there anything I can do to keep my license and n...
Mississippi law prohibits the expunction of a DUI Second Offense "conviction." However, if this is a case that is pending, consult with a qualified attorney about representation to maximize the results and available options.See question
I was pulled over for failure to move over by a highway patrol in which he instantly gives me a Breathalyzer 2 times and according to him I failed. When I got to the station they gave me another breath tests and it said I failed but was still neve...
Yes, it is valid. As already stated by another attorney, you should consult with an hire a qualified attorney to help you defend this case.See question
8 months ago I had a bad migraine and pulled over got out my vehicle cop walks up to me asked me what was wrong he claims I was walking funny I told him nothing he arrested me for dui even tho I was not drinking when he come up on me the cop didn'...
Generally, yes. Your question is not entirely clear as to what the original recommendation ("plea offer") was. If this is a DUI charge, it is strongly recommended that you consult with an attorney as soon as possible if you do not already have one. DUI laws are complex and your best chance for a favorable outcome is with quality representation. My office as well as many others offer free case intakes and consultations. Good luck.See question
In Mississippi, the trial courts for DUI cases consist of justice courts, municipal courts, county courts, and circuit courts. The Mississippi Supreme Court and the Mississippi Court of Appeals have jurisdiction only over final judgments, or less commonly interlocutory appeals, in DUI cases from state circuit courts. The hierarchy of the trial courts then, from lowest to highest, begins with justice and municipal courts. Appeals from either a justice or municipal court are taken to the county court in those counties which have one, or to the circuit court in counties which do not. County courts have the jurisdiction to hear DUI cases as trials “de novo” (or, “new trials”), pursuant to Mississippi law.
If you have a DUI charge here in Mississippi, it is always best to consult with a qualified lawyer for a DUI case about your options.See question
How long will a misdemeanor bad check stay in my record? I told the store I would pay it on a certain day and he said okay but when I got there they had already turned it into the court so I went and paid it and now I find out its on my record. It...
Contact an attorney who has experience in filing motions (or "petitions") to expunge records in Mississippi courts.See question