My question involves criminal law for the state of: Mississippi
I was recently stopped in Mississippi for DUI and running a stop sign. Apparently, there was a Sheriff car with two deputies parked in a dark area just adjacent to a 4 way stop. The 4 way stop was in a very remote area (I had no cell phone coverage either - this is WAY OUT there). I was from out of state and was visiting a friend that was having a crawfish boil for the day. After not drinking any beer since about 6pm (but, I did not eat anything either in hindsite), and swimming with the kids for a few hours, I took a shower, brushed my teeth, and then my buddies wanted to get ice for the leftover crawfish. I offered to drive after not letting the others drive because I knew they never stopped drinking. We left about 1115PM.
All three of us loaded up in my truck and my friend which was familiar with the area set in the passenger seat, and his brother was in the back seat. Not even 1 mile after pulling out of his driveway, there was a 4 way stop, I stopped (I heard a loud sound from the bed of my truck when I stoppped, which I immediately remembered was the round aluminum bar from a jack which I used to change a flat tire on the way to MS) The next thing I know there was a cop behind us and immediately turned on his lights. I pulled over.
The cops asked if I knew why we were stopped, and I really didn't. He said I ran the stop sign. I said there is no way I ran than stop sign. He asked if I've been drinking, and I said yes, way earlier - some beer. He asked if I would step out. I said sure. He said are you willing to take a breathalizer. I said no problem. (By the way, they need to update these devices.....you have to blow HARD). He asked me for my drivers license, and I said it was in my console in the truck. He went to get it. The second deputy said he they heard beer cans in the bed of my truck. Beer cans? Really. I don't have any beer cans, but I know the sound you heard, it's was a jack bar which I left in my truck (Boy did he search hard for cans, looking under my tool box for beer cans.....this must be a Mississippi thing I guess). The other deputy returned, he didn't see my license. I went got it for him. It was right there in the cup holder where I told him.
Anyway, I blew a .10. I did not do any field sobriety or anything like that. I was very coherent. The Deputy was actually very professional. He said lets wait 10 minutes. During the 10 minutes he was telling me he did over 150 dui for the year so far and he was leading the department. He said if the BAC goes down, you can go, if it doesn't, you have to come with me. It was the exact same the second time .10. So, he brought me to jail. He did his job. Apparently, and luckily, my buddy has bail person friend which was at the station at the same time I arrived.. I was charge with DUI and running a stop sign. I was given my licence back (along with a temporary 30 day driving permit paper). I am a little confused with this one. I think Mississppi residence lose their license, but I got mine back being out of state most likely.
Now, the deputy told me, you seem like a very nice guy, and you may not feel like you're impared, but .08 is the law. I was in booking about 25 minutes (very fast) and let out after doing another breathalizer, which was .10 again. He did ask, what date will work for court and wrote that date down. He also explained the processes. He said I am telling you to pleed NOT GUILTY (he reinforced that several times). He said do not pleed guilty. How this works, is you pleed not guilty, and then you will get another court date. On the 2nd court date, I will be there. The deputy said I will testify that you are a good guy, and the judge will give what's called a non-adjudicated dui. Basically, they'll place an interlock device on your car for a few months, and you must complete some awareness training. Once that is complete including the fines, the court will dismiss the case. This will be "just a bump in the road for you". This process supposedly is done in certain cases in MS for BAC less that .015, and first time offenders.
Does this make sense? I dont have a lawyer yet.....I cannot get one to pick up the damn phone in Mississippi. There were not may choices to call in this little town.
I'm still a little pissed about the stop sign, but I don't know if its worth the hassel to fight this. I have no problem following the sequence as explained by the deputy, learn my lesson, jump through the hoops and move on.
I did not see where the sheriff car was. Can I asked for his narritive report and footage from the deputy's car camera myself as I search for a lawyer? If he got the stop on camera, which will depend on his angle, this will be the most telling. The guys in the truck with me said I stopped completely, and I did not run it. But of course, this will be looked at as bias...even if I didn't know one of the guys. And, the deputy mentioning the "sound of beer cans" sure sounds suspect to me in terms of part of their reasoning. That is a pretty dumb statement. I would be interested to have this sound demonstrated in a court..lol, but honestly, it's not even worth the hassel if I follow as the deputy suggested above.
DUI and Running Stop Sign
