DUI citations used in Mississippi are set out in statutes,and approved by the State Auditors office.These tickets must be uniform throughout the state,except on federal property(military bases,Natchez Trace,ect.)and are mandated for use by the date on the lower right corner of the first ticket (original).The ticket is a multicopy form to be used to notify all parties of it's use.The ticket form separates ,providing :the court copy;the officers copy and the drivers copy.The ticket should list ;time;date location;type of DUI charge;the identification of the court;the initial court appearance date;the officer's signature/with badge number and the court clerks signature.
Filing the DUI Ticket with the court.
The arresting officer must appear before a clerk of the court to swear to the facts of the ticket ,and the clerk then files the ticket with the court.There are time restraints on the filing of the ticket with the court,and when filed the court now has the jurisdiction(power)to hear the case.
Types of DUI Charges.
The DUI ticket has a center portion which is divided into sections of various types of DUI charges.Charges can be based on alcohol,drugs or both.Several sections may be noted based on the officers observations, machine readings,or urine/blood tests .,or a combination of tests.
Drugs-illegal-perscriptions or unknown.
DUI drug cases can be based on illegal drugs(marijuana,cocaine,ect.)or a properly taken Doctor's prescription,as long as it affects the ability of the driver to operate a motorized vehicle.In addition drug DUI can also be based on ingestion of everyday things(huffing household chemicals).
The DUI ticket charges.
The DUI ticket provides spaces to charge five types of DUI charges:the first block charges DUI based on the officers observations(Smell of alcohol;admission of drinking;slurred speech,ect.);the second block charges a DUI based on any other substance which impairs a persons ability to drive;the third block charges a DUI based on a breath test(.08,BRAC-adults,.02 BRAC -under 21)The fourth block charges a DUI based on an illegal substance(Marijuana,ect.)and the fifth block charges a DUI based on a commercial drivers standard (.04 Brac)
Additional resources provided by the author
MississippiDUI Law and Practice,Thompson/West 2010 Authored by Victor Carmody,Kevin Stewart,and Lance Mixon
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