In Mississippi, to be convicted of DUI, the state must prove that you were operating a motor vehicle while under the influence of drugs or alcohol. Understand that driving and operating are two different things. When the state legislature wrote this law they weren’t just repeating themselves with these words. They have different meanings and…
If you’ve been charged with a DUI offense in Horn Lake, Southaven, or other parts of Mississippi, your case is going to start in the municipal court. Municipal courts are sort of the lower tier courts where all cases begin. Misdemeanor cases, like most DUI offenses, will be resolved here either through a negotiated plea…
In the article Horn Lake MS DUI Lawyer on: Preparing for your trial, I explained the procedure for a DUI trial in municipal courts in Mississippi, now I’m going to talk about what needs to be done before the trial. This is the preparation time, and it’s the most important part. This could be where…
Two compelling interests must be weighed in analyzing sobriety checkpoints: the need to protect the public from impaired drivers, and a citizen’s Fourth Amendment right to be protected from unreasonable search and seizure. Tennessee allows the use of such checkpoints, but only when operated under strict guidelines. Although the crime of driving under the influence and its…
Can I be arrested for DUI if I’m not actually driving the car? Yes. Under Tennessee DUI law it is a crime to drive or be in physical control of an automobile. “Physical control” is not the same as drive. It has a much broader definition. Essentially, if the facts show that the vehicle was…
Under Tennessee law, a conviction for Driving Under the Influence (DUI) can carry many penalties. A first offense Tennessee DUI, for example, will carry a minimum 48 hours in jail, but a second offense conviction carries a minimum 45 days in jail. The type and severity of penalty will depend on the facts of the…
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