Frequently Asked Questions
1. How can I contact you and when can I meet
with you?
Nationwide
toll-free: 1-888-384-2427
Normally,
your call or e-mail will be received by my office receptionist and/or
my legal staff. Initial information about your case should be taken
in a telephone or office conference and either of these conferences
are free as your initial consultation. Normally, an office conference
is scheduled the day of your contact or within a few days thereafter.
2. What effect does a DUI conviction
have on my record?
In Mississippi,
a DUI conviction stays on your driving record for, during which time
any additional DUI convictions will increase the punishment. The charge
itself will be on your record (rap sheet) for life. The DUI charge
can have an adverse effect on your employment, especially if driving
is a major part of your work duties. In addition, the DUI conviction
will cause you to obtain SR-22 insurance (also known as high risk
insurance) for three years. Only high risk insurance companies write
SR-22 insurance. Should you drop the insurance, your driving license
in Mississippi wll once again be suspended. Should you be charged
with driving while your license is suspended in Mississippi, the fine
is $500; there is a ten-day to six-month jail term, and your license
is suspended for an additional six months. The DUI charge on your
record could also cause you problems with your credit report and with
rental car companies.
These
problems occur when DUIs appear on your record. You always have the
opportunity to contest DUIs, to take the matter to court, and in almost
every case DUIs should be fought to obtain an outright acquittal or
a non-DUI disposition. These are some of the reasons that I fight
for an acquittal in your case.
3. What does a plea in a DUI trial mean?
There
are basically three types of pleas in DUI cases. The first plea is
taken on a date called an "arraignment" date, usually your first court
appearance. At the arraignment, the court will ask how you plead.
Should you plead guilty, then the court will proceed to make a finding
of guilty and assess fines, court costs, and the appropriate jail
sentence. Should you plead not guilty, the court will assign you a
trial date. You will appear in court later, where you may change your
plea from not guilty to guilty, or you may plead nolo, which means
"nolo contendere" or no contest. In any of these pleas: a plea of
not guilty, a plea of guilty, or a plea of no contest, the judge must
still make a finding. It is only in a plea of not guilty, however,
that a trial will ensue. At the end of the trial, the judge makes
a finding of guilty or not guilty at the Municipal or Justice Court
level. If there is a no contest (nolo contendere) or guilty plea made,
then the court proceeds to make a finding of guilt and impose a fine
and jail term consistent with the law on DUIs.
4. If I had a drunk driving (or impaired
driving) conviction in another state, will it show up in Mississippi?
Drunk
driving convictions from other states can show up in Mississippi in
any number of ways. Most states are now linked together through computer
systems run by law enforcement agencies for the purposes of sharing
information one state to another. This information can be accessed
by either the court, or the prosecutor, or the Highway Patrol. Should
this information become available under certain circumstances, these
previous convictions can be used to enhance or increase the punishment
for a subsequent DUI arrest here in the state of Mississippi if said
convictions are within the last five (5) years of the date of the
current charge in the state of Mississippi. Sometimes these convictions
do not show up, and our job as your attorney would be to fight any
convictions that happen out of state.
5. I now have your questionnaire to prepare
and I'm having a difficult time remembering each and every detail.
Why is the questionnaire needed and what is its purpose?
The
information that I request in your questionnaire is considered to
be part of the attorney work product. That is to say, it is privileged
information between you and me. The information is further requested
so that I may understand the facts and circumstances in your case,
which would give me the ability to question the officer at trial about
certain aspects that we think are important in your defense. It also
assists me in any sort of DUI litigation and with the government in
any negotiations concerning your case.
6. How do you decide if my case should
go to trial?
When we
receive the questionnaire, we review it to determine which court of
action would be the best for your case. I review every questionnaire
personally. This enables me to compare your answers with information
we receive from law enforcement reports. This comparison of answers
and reports forms the basis of my preparation for trial in the Municipal
or Justice courts.
We also
evaluate which court will decide your case. We also take into account
how many alcohol-related or drug-related offenses you may have had
in your lifetime. Lastly, we look to see if there are any extenuating
circumstances that would require any special defense. Considering
the information provided, I can make the best recommendation to you
either at your, or as the ongoing court process unfolds.
7. How will a DUI arrest affect my out-of-state
license?
Mississippi
cannot suspend an out-of-state license; only your home state can suspend
your license. Mississippi can only suspend your privilege to drive
in this state. A refusal to submit to an officer's request for
a breath, blood, or urine test MAY result in a suspension in Mississippi
(if we are unsuccessful at the administrative hearing), but MAY or
MAY NOT cause you to be suspended in your home state. The rules for
handling a refusal report from Mississippi vary in each state. Some
states do nothing in the non-resident driver's home state for a "refusal"
to be tested in Mississippi.
8. The officer took my license. When
can I get it back?
Mississippi
law permits an officer to confiscate the license of any motorist who
is arrested for DUI. Do not just apply for a new license because you
can create even more problems for yourself. At your, ask us about
how and when you may seek to have your license returned, or possibly
retrieved from the prosecutor so that you can have your plastic license
prior to trial.
9. Do I need a lawyer?
Every
person can represent himself or herself in court. Because DUI is such
a critical matter, however, it is not generally a wise choice to go
to court unrepresented. Your right to drive, your freedom and your
future employment options may hang in the balance. The choice is yours.
We advise taking advantage of our to
see whether you want to hire an attorney.
10. What is the "10-day" rule applicable to
administrative license suspension matters?
In
Mississippi, if you either refused to submit to a breath, blood, or
urine test, the state will attempt to suspend your license or privilege
to drive for 90 days to one year. This attempt to take away your right
to drive will occur PRIOR to any criminal trial for DUI (in most cases)
and will be automatically entered against you unless you file
a test refusal petition within 10 calendar days after the mailing
of a notice of letter of intent to suspend. Filing an test refusal
petition does not postpone the suspension. In a significant percentage
of cases, we are able to prevent any suspension. The license you receive
when there has been a refusal to take a state-administered test is
valid for only forty-five (45) days from the date of the arrest. This
license cannot be renewed or extended for any period of time. The
test refusal hearing is an informal hearing. There will not be a jury.
This is an additional proceeding that we handle for you. The decision
will be announced at the administrative hearing to agree with the
State to suspend your license or to return it to you. The hearing
is needed to determine if you wll be able to retain your driving privileges
until the end of your DUI case or if you will lose the right to drive
in Mississippi prior to your trial. In additional, this hearing offers
us a great opportunity to cross-examine the officer under oath about
the facts of your case.
11. Why should I hire you as my attorney?
I have
the best staffed office in Mississippi, which limits its cases to
defense of DUI charges. I am a former police lieutenant and have been
trained and certified in breath testing drivers and field sobriety
exercises. I am certified in advanced training courses on police arrest
procedures and on criminal trial practice. I have been board certified
by the National College of DUI Defense. In addition, I am a member
of a national network of other DUI practitioners who exchange and
share information about new DUI laws, national and local trends in
the law, and trial tactics. In short, I strive to give my clients
the best representation possible.
12. Why am I receiving mail from attorneys
seeking to represent me?
The United
States Supreme Court has ruled that "commercial free speech" is protected
under the First Amendment to the United States Constitution. Hence,
some attorneys choose to hire companies to go to each police station
and look up the names and addresses of everyone arrested in a given
period. Then a mass mailing is sent, hoping to "attract" potential
clients. Many of our clients come to this office with a number of
letters, including my own. Some of the letters focus on pleading guilty,
a resolution which I rarely consider until all other viable options
are explored.
13. If I am convicted, what is the worst
thing that can happen to me?
The "minimum"
punishment information is published elsewhere in this Web site. You
should read this carefully, paying special attention to increased
punishment requirements if you have prior offenses. Beyond these "guidelines,"
we have to evaluate your case based upon the facts, the prosecutor,
your record, and propensity of the judge in his/her sentencing
for DUI cases. We will review these details at your free
consultation.
14. Will I get a harsher sentence if I fight
the case than if I plead guilty?
That depends
on many factors. This question is one that is case-specific and judge-specific.
Some judges may punish a person more after a jury trial than in a
bench trial (a trial in front of the judge only). Judges in Mississippi
have the discretion to allow a jury or a bench trial. Your case may
have a fantastic legal issue that needs to be appealed to a higher
court, and this may require some sort of trial to be able to obtain
the right of appeal. Be sure to discuss any concerns you may have
about these issues at your free consultation.
15. Do I need to see an alcohol (or drug)
counselor?
Maybe.
I always encourage anyone facing alcohol-related or drug-related
offenses to get an ASSESSMENT for any potential problem that may exist.
If this offense is not your first alcohol-related offense, our with
you will likely result in a recommendation that a private assessment
be conducted. There are many reasons that this is a wise thing to
do, not the least of which is correcting a costly and potentially
dangerous health problem. We will discuss how this assessment (and
treatment, if recommended by your counselor) can be a "silver lining"
for even a very bad case. We have lists of counselors if you need
names and phone numbers.
16. Should I go to driving school (MASEP)
now?
No. MASEP
(Mississippi Alcohol Safety Education Program) is a course given over
the course of a month in four (4) three hour sessions. The MASEP course
will lower your license suspension from one (1) year to ninety (90)
days. The course is available to those convicted of a DUI first
offense.
17. If I fight the case and lose, do I get
any money refunded on legal fees?
No. Unlike
personal injury cases in which an attorney can agree to accept a percentage
of any financial recovery in a CIVIL case, the State Bar of Mississippi
prohibits "contingency" fees in criminal cases. With a surgeon, not
every operation is a success. Yet, would you go back and ask for a
refund of fees paid? No, because an attorney (like a surgeon) is compensated
for his/her time, knowledge, expertise, and legal acumen. This is
our "product." In addition, I set a "fixed" fee, not hourly, so you
will know how much you will pay for legal services.
18. Beyond legal fees, what other costs or
expenses will I have in this case if I fight it?
Disregarding
fines (which are covered in the Web site), there are some costs in
the typical DUI case. I use court reporters to prepare transcripts
of City and Justice Court trials for use in later hearings. This cost
is usually in the Two Hundred Dollar ($200) range. In addition, there
is a cost for an appeal bond from lower courts to higher courts for
additional trials. And on occasion, expenses for expert witnesses
will be incurred should the case require their testimony. These costs
will be explained at your free consultation.
19. Do we have any control over which judge
or prosecutor I get for my case?
As a general
rule, no. Computer assignments or rotation of judges makes most court
assignments for each case random. We have very little input about
how a case is assigned, or which prosecutor will handle it.
20. Does the fact that our lawyers are so well known hurt my chances to get a favorable disposition without
trial?
Not
that we can tell, based upon our results and the results that we see
other attorneys obtain. We strive to project an image of being fully
prepared whenever we come to court, and we want every prosecutor,
judge, and police officer to know that. We don't "attack" police officers
unless there is a good cause to do so, yet we thoroughly cross-examine
them about every important aspect of an arrest. Many times, the very
fact that the prosecutor knows we are there in court to fight helps
us get "deals" that some other attorneys might not be offered. We
want the prosecutors, police officers, and the courts to know that
we are "ready," and will represent our client to the fullest extent
permitted by law.
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