DUI Defense
Mississippi DUI Defense
If you face DUI charges in Mississippi, you need an aggressive criminal defense lawyer. The Big Man, Attorney Joey Franks provides high-quality criminal defense services to residents across the state of Mississippi. His office is in Jackson, MS and he’s here to help you fight back against these charges.
Innocent, Until PROVEN Guilty
We live in a great country and as proud Americans, we appreciate a free society. We are free to live and work as we please, worship as we please, and other than taxes and jury duty, most of us are free to do what we want. We like freedom. But when you’re convicted of a crime, all bets are off. Freedom is lost. Fortunately, our American system of justice protects freedom to the letter of the law, requiring prosecutors to prove guilt in criminal cases. Defendants are never asked to prove their innocence; it is up to the prosecution to prove, beyond a reasonable doubt, that a defendant is guilty of the crime or crimes that he or she has been accused of, and charged with.
In a court of law, you are innocent, until proven guilty, and the judge will work very hard to ensure your trial is fair. One way a judge does this is by allowing each side, the prosecution, and the defense, to question potential jurors before they are selected for jury service. By questioning potential jurors, each side will be able to make their own determination as to whether a particular individual may or may not be sympathetic to the case to be presented. For example, if you are the defendant in a DUI case, the Bib Man, Jackson Mississippi DUI defense attorney Joey Franks will work to dismiss a potential juror who had been injured by a drunk driver in the past, for that potential juror might carry some bias into the courtroom. And on the other side of the coin, the prosecution would probably excuse potential jurors who have had DUI convictions or DUI charges in their past, for fear that the individual might be too empathetic to someone on trial for the same.
The Prosecution has to Prove It
Prove it or lose it—the case that is. In a court of law, the burden of proof is upon the prosecution, because when a person’s freedom is on the line, our laws are carefully designed to do their best when it comes to protecting us all from being erroneously convicted. Let’s consider what the prosecution must prove in order to convict you.
The Prosecution Must Prove:
You were in fact operating the vehicle or in control of the vehicle when an officer of the law stopped you.
You were under the influence of alcohol while you were operating your vehicle or in control of your vehicle.
If your Mississippi DUI defense attorney can prove that either of the above are false, then you can win in a court of law!
Defending Your Rights
Every case is different, which means there could be many unique defense options that the Big Man, Jackson Mississippi DUI Defense Attorney Joe Franks can use to win your case.
Building Your DUI Defense
When you meet with the Big Man, he will listen to all the details of your case in order to best assess what type of defense is necessary. Keep in mind that while there may only be a handful of commonly utilized defense strategies in DUI cases, there are hundreds if not thousands of possible variations, and which path to take is a decision that only an experienced Mississippi DUI defense attorney is qualified to make. The laws are complex, and in Mississippi they are severe. You do not want a conviction, and we’ll fight for you every step of the way.
The Common Strategies
You Were Not Driving the Vehicle
In order to get a conviction, the prosecution must prove that you were actually operating the vehicle at the time the alleged DUI occurred. As you might imagine, it is obvious to the police officer that you were driving your vehicle, assuming they pulled you over. However, there have been cases in which the DUI was issued to a driver who was parked or idling in a parking lot or perhaps a driveway. In these cases, if the police officer did not actually see you driving, then how can they charge you with DUI? Where is the proof that you were driving the vehicle if they only saw you parked? A savvy Mississippi DUI defense attorney will argue this point aggressively.
Probable Cause
Police officers must have probable cause to pull you over. If they did not, and pulled you over, you’re the Big Man will fight this, and seek to have any evidence collected during the stop thrown out.
Illegal Arrest
Police officers do not have the power to simply arrest people whenever they feel like it. There is a legal process that the courts mandate all police officers follow, and if they do not, many times charges against a defendant will be dropped or evidence may be deemed inadmissible due to the illegal procedures perpetrated by the arresting officer or his/her associates.
Challenging Officer Testimony
Police officer testimony can be a heavily weighted element of the prosecution’s case against you. If there are any details that don’t match up, if the officer misrepresented the events, etc., your Jackson Mississippi DUI Defense Attorney Joey Franks will challenge the officer testimony and seek to win your case based on this challenge, and potentially other supporting grounds as well.
Playing the Game to Win
As mentioned above, there are a myriad of other variations and strategies that can be crafted, assembled, and implemented, in order to build the best defense against a DUI charge. Consult with the Big Man, Jackson Mississippi DUI Defense Attorney Joey Franks, and ensure your future is protected. Don’t let a DUI ruin the rest of your life; let us get to work on your case today. We typically never take on cases unless we believe we can win them. Why would we? We are judged by our track record, and our track record is judged by how often we win for our clients. When we take on your case, you can rest assured our goal is to win. But the sooner we get started the better it is for you, so don’t waste even a day, call us as soon as you are charged and let us get started. We exist to fight for you!
DUI-Defense
DUI laws across the state are very confusing, and there are numerous ways you can face these charges. In Mississippi, you may be charged with a DUI First Offense, Second Offense, Third and/or Subsequent Offense, Breath Test Refusal, or Aggravated DUI. The penalties vary with each charge, but it is important to have representation for your Mississippi DUI no matter what.
We encourage anyone who is stopped to refuse to answer questions at the scene and to get in contact with the Big man at The Franks Law Firm, PLLC immediately. Whenever it is necessary, we will take your case all the way to court to fight back against these charges.
Call the Big Man at the Franks Law Firm - (601) 773-7777 for a consultation ($60 fee).
FAQs
What Important Information Should I Share With My DUI Defense Attorney?
How Commonly Do People Assume They Will have to Plead Guilty in a DUI Case?
What are the Penalties for a DUI Conviction in Mississippi?
How Exactly is a DUI Defined Under Mississippi State Law?
What are Some Defense Strategies Used in DUI Cases in Mississippi?
Mississippi DUI Counseling
Will I be able to Drive After Being Arrested and Charged With a DUI?
Will The Prosecutor Offer A Plea Deal In A DUI Case?
Will I Have To Meet With A Probation Officer Within The First 30 Days Of My DUI?
What Mistakes Do People Make That Could Affect Their DUI Case?
What Information Is Required To Share With A DUI Attorney?
What Happens If I Refuse Blood Or Breath Test?
What Are The Penalties Associated With The First, Second, And Third DUI?
What Are The Next Steps If I Enter A Plea Of Not Guilty In My DUI Case?
What Are Some Possible DUI Defense Strategies In Mississippi?
What are Common Misconceptions People Have Regarding Their DUI Case?
How do you defend those accused of a DUI?
I Have Just Been Arrested For A DUI What Happens In First 24 Hours?
How DUI is Defined in The State Of Mississippi?
How Common Is It For A Person To Assume They Won’t Win A DUI Case?
Can My Attorney Reduce My DUI Charges?
Can I Get An Attorney Before Submitting Blood Or Breath Test In A DUI Case?
At What Point In My DUI Case do I Have To Enter A Plea Of Guilty Or Not Guilty?
At What Point In A DUI Case Someone Should Hire An Attorney?
Am I Going To Have A Court Appearance Within 30 days After A DUI Arrest?
After A DUI Arrest, Will I Be Able To Drive?
If You Have A DUI – You Need the Big Man on Your Side
What should we try to find in a DUI Criminal Defense Attorney Jackson MS?
DUI Lawyer Franks: You require a DUI attorney that is most likely to honestly say to you the positive, as well as the negative of your case. Every situation has positive as well as negative points. You require an attorney who will certainly take a seat, the first day, and also tell you genuinely what your circumstance is. You need an attorney who's not frightened to head to trial, that's not reluctant to be in front of a judge, but at the very same time, has a relationship with the prosecutors and also can have an honest conversation. Frequently, we can get a favorable end result without having to go to trial, though occasionally a trial is absolutely needed. You need a lawyer that's not frightened to take the course most advantageous to you. And you need someone who will tell you the truthful story of where you are.
Can a person just enter into the courtroom and speak straight to the district attorney?
DUI Lawyer Franks: Yes and also no. There are prosecutors who refuse outright to talk with individuals that aren't represented by an attorney. As a matter of fact, I have actually interacted with one prosecutor that would not talk to me as an attorney. You deserve to go speak to the prosecutor, however, there's no demand the district attorney talks with you. Truthfully, do you recognize the good points of your situation? Do you know the negative points of your case? I've talked to many individuals about that and also I clarify what they're taking a look at. Frequently, they don't understand the responses. It's not because they're stupid. Lots of people I deal with are extremely smart and also competent at being a plumber, or a carpenter. They got into a little bit of trouble. I can't work on an 18-wheeler or replace an engine. Yet, I'm a good DUI attorney. I tell people I can go work with my very own truck, or I could try driving an semi truck, but it's most likely to look poor and I'm probably going to mess it up, and it's most likely to wind up costing me a lot more. So, I very much suggest going ahead and getting a DUI attorney to stand up with and serve them for the duration of the process and to see that it's not ruined. I make sure it costs as low as feasible and it sets you back as little time as possible.
What are the Penalties for a DUI very first offense?
DUI Lawyer Franks: There's no simple answer to that question. For an individual with a typical vehicle driver's license, there is a suspension of approximately 120 days, a $250 to $1,000 penalty, as much as 2 days behind bars and possibly going to a MASEP training course or a Victims Impact Panel. If it is a CDL license, the penalties are much more extreme. They give up their commercial motorist's license for approximately 12 months, which can put them out of work. For minors, it's a fine of two hundred and fifty dollars as well as a suspension of their license for 120 days together with the MASEP training course. They don't have the 2 days in jail, and penalties do not rise to $1,000.
Is there any method I can be found innocent?
DUI Lawyer Franks: Absolutely. It's not uncommon to have a case dismissed or go to trial and have an individual found not guilty. My initial trial out of lawyer school was a DUI second infraction, and the individual was found innocent. But, it depends upon the truths from when the person's pulled over. The officer has to have probable cause to stop them; otherwise, the case will certainly be dismissed. And, police officers are human beings as well. They make errors. They overlook typing in data required to prosecute somebody in a successful manner. It is possible to obtain an innocent judgment on a DUI.
If I'm found not innocent, do I need to do jail time?
DUI Lawyer Franks: A DUI can carry up to two days behind bars if you are found not innocent. We ask for acknowledgment given for time served when you were initially arrested. We ask the court to put on hold the remaining, and also they will normally do it since the function of the courts is not to destroy individual's lives and work. They desire you to remain an effective citizen. Lot of times, going to a Victims Impact Panel will be an alternative to prison time.
What occurs if I decline a DUI breath examination?
DUI Lawyer Franks: It sets off a chain of events that will certainly result in suspension of your motorist's license for 120 days. Department of Public Safety will send out a letter to the address on your driver's license within the initial thirty days. Then you have ten days to file a petition for a breath test rejection hearing to figure out whether or not you actually rejected a breath test.
Can I be forced to take a test?
DUI Lawyer Franks: You can not be compelled to take a test on a basic stop. You can if there's a crash and someone's hurt as they get a warrant to have your blood drawn. Yet normally, if you were pulled over for a random traffic stop, like changing lanes incorrectly, they will often supply you a mobile breath examination. You can reject it, and if the police officer makes a decision to take it further, they'll drive you to the station. Then they will certainly ask you again to take a breath test on the big Intoxilyzer device. If you decline the test at that time, after that you have actually officially refused the examination. You have the option to decline.
Will it hurt my situation?
DUI Lawyer Franks: Not necessarily. Under particular scenarios, it may aid your case because of statutory DUI regulations. If you blow over a .08 blood alcohol content, after that you are legally intoxicated. The cop has certain procedures they need to adhere to and when somebody registers .08 or above, then as a DUI defense lawyer, I begin checking into whether or not the procedures were appropriately complied with. If an individual does not take the breath test, then they can not just state it was a statutory DUI. They have to confirm a common law DUI and prove that you were physically screwed-up while operating your car. Among the most common methods of doing that is the field soberness examination on the side of the road. It's the stroll the line, hold one leg up, and touch your nose. Those examinations are what they'll go back to, which can give you a more powerful court case in some situations.
Could I in theory get out of a conviction by not taking a breath test?
DUI Lawyer Franks: In theory, yes, you could avoid a sentence by not taking the breath examination. But that's just because the police officer has to prove disability by utilizing something other than the breath examination. If they can't show it by some other technique, then you have an excellent chance of being found not guilty because DUI's carry the very same responsibility of proof which is past a reasonable doubt. It's the government's burden to prove beyond a reasonable uncertainty that you were driving an auto while impaired.
What do authorities try to find with a DUI?
DUI Lawyer Franks: They're searching for certain road conditions that make it hard to drive. That's where you commonly see a DUI roadblock. Usually, it's a narrow point near a bar or dining establishment. That's their most usual technique.
The other thing is, they're seeking any kind of factor to pull someone over. Swerving, speeding, rolling through a stop sign; all those are normal reasons a police officer will certainly use to stop a person. The actual reason isn't to write a ticket for a taillight being defective. The actual reason is they wish to ascertain if there's anything going on and also they use that as probable cause.
If the policeman asks me if I've been consuming, just how do I answer?
DUI Lawyer Franks: As a DUI defense lawyer, I constantly advise that you exercise your Fifth Amendment right to stay quiet. You never want to lie to a officer as that pushes things down an extremely bad course. If you've been drinking, the very best recommendation I can offer any individual is to exercise your 5th Amendment right to stay quiet. That's going to increase the policeman's suspicion. Yet at the exact same time, you have not been dishonest. The Fifth Amendment isn't a privilege, and also he might give you grief over it. But it's your right to impose it and also continue to be silent and also not give info that would certainly be used to convict you in court.
Beyond the breath examination, what's the officer searching for?
DUI Lawyer Franks: The very first thing he's trying to find is the scent of alcohol when you crank down the window. They're searching for the smell of an intoxicating drink rising from the car. The following point is slurred speech. They intend to see to it your speech is sharp as well as appropriate. The trouble with that is some individuals have a lisp or some other speech impediment. That can be a conflicting cue. Also, what's on the car seat? You'll see him radiating the lights in all the car windows of a vehicle looking to see if there's an open whiskey container or beer containers. In some regions, open container suffices for probable cause. They're additionally trying to find drugs, and they are seeking to see if you're scared.
They might ask you to get beyond the car. As you move to the back or the front of the automobile, the policeman's viewing how you're moving. Are you keeping your balance? Are you stumbling? Are you dragging your feet? Yet once more, a great deal of these cues are things that can be explained by physical deformities or disorders. Somebody might be ill or had a surgical procedure lately on a sprained ankle or busted knee.
Nevertheless, that may offer an officer a concept of whether booze is involved. But you can't use 1 or 2 things on their own. Police officers should go further before they issue a DUI. Unfortunately, occasionally they do not.
If the authorities ask me to follow an object with my eyes, what are they seeking?
DUI Lawyer Franks: The examination they're carrying out is the horizontal gaze nystagmus. They're looking for shaking of the eyes. If someone's on depressants, there can be an involuntary eye activity which doesn't necessarily imply booze is included. But booze is a downer. That's entering into even more drug-related problems instead of booze. Officers need to have specific qualifications for those tests to be legitimate.
If they take me to jail, is there any type of way I can refuse the test there?
DUI Lawyer Franks: You can refuse every test offered to you, but that is a separate charge of DUI refusal, which causes the suspension of your license for 120 days. The Division of Public Safety will send by mail a letter to the address on your license, which's key since a lot of individuals relocate and neglect to upgrade their license. You have ten days to submit an application with the county or circuit court, depending upon the county, and set that in front of a court to establish whether a breath test refusal happened. If the officer never ever supplied it to you at the station, after that no refusal happened.
On a DUI first, will the authorities take my license?
DUI Lawyer Franks: Your license is confiscated at the moment you are jailed. After that they give you a paper that says you have 30 days to go to court or your license will certainly be suspended. So, you have one month to obtain the Best DUI lawyer in Mississippi you can, and they set a trial day. In the event the judge can't hear your case within 1 month, your lawyer can ask to have the time period moved out up until the date the court can hear your case.
