DUI Defense

DUI Defense Lawyer

Name: The Franks Law Firm Mississippi
Address: 401 East Capitol Street Suite 205, Jackson, Mississippi, 39201, United States
Telephone: (601) 773-7777

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 ($100 fee).

FAQs

What Important Information Should I Share With My DUI Defense Attorney?

https://thefrankslawfirm.com/dui-iformation-the-big-man/

Everything you can remember is important. I cannot stress how important it is to be completely honest. We need to know the facts on the front end. If we know that there is a bad fact, then we can take steps to address and get around that bad fact, as opposed to being surprised with it later on. We have a questionnaire that we send to our clients to access DUI information. Even if I have met with someone or talked to them on the phone, I still find a couple of new tidbits from that questionnaire.

How Commonly Do People Assume They Will have to Plead Guilty in a DUI Case?

https://thefrankslawfirm.com/plead-guilty-dui/

It’s very common for people to assume that they don’t have a chance at winning their case and, as a result, plead guilty to DUI. The individual feels like they were railroaded from the very beginning when the officer pulled them over. In reality, a lot of it is bluffing on the part of the police officer who performed the arrest. They might not have done a proper DUI investigation at all. This is why it is critical to get an attorney involved in the case right away.

What are the Penalties for a DUI Conviction in Mississippi?

https://thefrankslawfirm.com/penalties-dui-mississippi-the-big-man/

For a first-offense DUI in Mississippi  with a regular driver’s license, there is a penalty of 48 hours in jail, a fine between $250 and $1,000, and a 120-day suspension of the driver’s license. The statutes pretty clearly disallow reductions of jail time, but The Big Man will do his best to minimize jail time or have it avoided altogether. A second-offense Mississippi DUI penalty is a fine of up to $1,500, a minimum of five days in jail, and a maximum of six months in jail. The license suspension will be for 1 year.

How Exactly is a DUI Defined Under Mississippi State Law?

https://thefrankslawfirm.com/dui-law-mississippi-the-big-man/

Mississippi, DUI laws are defined in a couple of different ways. One type of DUI is a common law DUI, which means that the officer thinks that a person is impaired and operating a motor vehicle on the highways of the state of Mississippi. It is under these circumstances that field sobriety tests come into play. There is also a statutory version of DUI, which comes into play when someone is deemed impaired due to having a blood alcohol content of 0.08 or above. At that point, field sobriety tests do not matter because the person will have already been deemed legally intoxicated. In such a situation, a Mississippi DUI defense attorney is imperative to save you from the severe consequences of the court of law.

What are Some Defense Strategies Used in DUI Cases in Mississippi?

https://thefrankslawfirm.com/dui-defense-strategies-the-big-man/

When individuals refuse the Breathalyzer, there is no record of any blood alcohol content whatsoever. If you blow a 0.08 or greater, we have to show that the Intoxilyzer was not properly calibrated within the timeframes allowed or that the officer wasn’t certified, or that there was some other error. Under the sixth amendment of the United States Constitution and Article 30 Section 26 of the Mississippi state constitution, you have a right to confront your accusers; you have a right to confront the analyst who performed the test. From there, we have the common law arguments. Dashcams and officer body cams are very useful. Police officers are human beings, and they get things wrong.

Mississippi DUI Counseling

https://thefrankslawfirm.com/mississippi-dui-counseling/

If someone has received two or three DUIs and realizes that they need help, then they should absolutely start counseling before their first court date. If someone has received their first DUI and doesn’t necessarily need help, then an evaluation by an alcohol rehabilitation specialist would still be beneficial in that it would confirm that it was a one-time event. Going for DUI counseling after a first-time DUI is not required and generally won’t sway the prosecution one way or another, but it can be helpful when trying to negotiate with a prosecutor or police officer. In part, this is because, in the state of Mississippi, a police officer’s opinion may carry some weight with the prosecutor and the judge for trying to get non-adjudication or something similar.

Will I be able to Drive After Being Arrested and Charged With a DUI?

https://thefrankslawfirm.com/drive-after-dui/

A person will usually have an initial criminal court appearance within the first month of a DUI arrest. During this court hearing, the defendant will enter a plea of guilty or not guilty. If they plead guilty, then the judge will sentence them at that time. If they enter a plea of not guilty, the judge will assign a trial date for some point in the future. The trial date is set in the future to allow for the time it will take to summon officers and witnesses.

Will The Prosecutor Offer A Plea Deal In A DUI Case?

https://thefrankslawfirm.com/plea-deals-dui/

Generally, a prosecutor will not offer a plea deal until right before trial, sometimes a day or two before trial. They’re dealing with 50 to 100 plus cases per week, and you can’t get on their radar until you’re a week out. Usually. I won’t call a prosecutor any more than two weeks out because they haven’t looked at it. For a first-time DUI, they’re going to look at something along the non-adjudication lines, as far as a plea deal. Sometimes I tell my clients to just go to trial as I never discussed plea deals with my clients, because I assume we’re going to trial. I want to find the best possible defense before the plea deals.

Will I Have To Meet With A Probation Officer Within The First 30 Days Of My DUI?

https://thefrankslawfirm.com/probation-officer-30-days-dui/

The state of Mississippi, most likely not meet with anybody within the first 30 days of your arrest. You will likely have your initial appearance. If you don’t have your initial appearance in that first 30 days, it will be at some time period afterwards. But that should be the only interaction that you have with the court system, unless you enter a plea of guilty. If you were to enter a plea of guilty, then it’s possible that you would have to sit and speak with somebody.

What Mistakes Do People Make That Could Affect Their DUI Case?

https://thefrankslawfirm.com/mistakes-dui-cas/

The biggest mistake is they don’t do anything. They don’t hire an attorney to consult with them and request a discovery file. And quite often they let it run right up until about a week before the trial date, and scramble to get an attorney because they’re going to lose their license. If you hire us when you get out of jail, we can enter our appearance with the court, and request that your trial be set within 30 days. If they can’t set the trial within 30 days, we asked them to grant an extension of your driving privileges. We get an order entered and we file all that with the department of public safety so you keep your driving privileges. But if you wait, I can’t do all that and your license is suspended by the time you get to me.

What Information Is Required To Share With A DUI Attorney?

What Happens If I Refuse Blood Or Breath Test?

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It depends on what kind of license you have in Mississippi. If you have just a regular driver’s license, you lose your license for 90 days through an administrative suspension. Then they send a letter to the address on your driver’s license, and you have 10 days from the date of that letter to file a petitioner of breath test refusal in the county court, if your county has one, if not, then it’s the circuit court. If you have a commercial driver’s license, you’re not looking at a 90-day suspension, you are looking at a one-year suspension, which is career ending in some circumstances.

What Are The Penalties Associated With The First, Second, And Third DUI?

https://thefrankslawfirm.com/dui-fines-penalties/

Assuming someone has a regular driver’s license, the penalty for a DUI first offense in Mississippi carries 48 hours in jail and a fine of $250 up to $1,000. And it also results in a suspension of your driver’s license for 120 days. If they do non adjudication for a DUI second offense, the penalties increase. Fines are up to $1,500 with a minimum of five days and you can serve up to six months in jail and the license suspension is greater. It continues with that trend all the way up to the DUI third offense, which is going to carry with it higher fines of $2000 to $5,000 for a third offense. And you’re also looking at a minimum of one year and up to five years in jail.

What Are The Next Steps If I Enter A Plea Of Not Guilty In My DUI Case?

https://thefrankslawfirm.com/next-steps-not-guilty-dui/

The very first thing I’m going to do is request your discovery. We are entitled to certain evidence and that includes video and audio recordings and reports, whether written by a police officer, the lab, or a witness statement. You are 100% entitled to that. And we’re going to review everything before we step foot in the courtroom. The next thing I’m going to do is get an extension of your driving privileges. If you’ve hired me within the first 30 days, that is 100% possible. It can take three to six months on average for a DUI case to work out. Generally, they take your license. When they charge you with a DUI, they give you a white sheet of paper that says, this is your driving license for the next 30 days.

What Are Some Possible DUI Defense Strategies In Mississippi?

https://thefrankslawfirm.com/dui-defense-strategies/

The most common thing is, refuse the breathalyzer. There’s no record of any blood alcohol content. Here we say, heck no, don’t blow up. The absolute worst thing you can do is blow a 0.08., because at that point, once you blow 0.08 or greater, then we have to go and do a couple of things. You have to show the machine was not properly calibrated within the timeframes allowed, or the officer wasn’t certified, or there was some other error with the Intoxilyzer. And from there we make normal DUI and common law arguments. Refusing a breathalyzer creates an uphill battle for the state. Once that’s done, then it comes down to field sobriety test, officer observations, officers’ reports, video evidence, and we break it down from there.

What are Common Misconceptions People Have Regarding Their DUI Case?

https://thefrankslawfirm.com/misconceptions-dui-case/

Probably the biggest misconception is that you can’t plead a DUI down to some sort of lesser offense. A lot of states offer it to where you can play it down to some kind of traffic violation or something of the sort. In Mississippi, that’s not an option. There is the option for non-adjudication, but you do have to enter a plea of guilty for a DUI first offense. And if you fail to meet all the terms and non-adjudication, then you will have a DUI first offense on your record.

I Have Just Been Arrested For A DUI What Happens In First 24 Hours?

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In the first 24 hours, you are going to be taken to the local arresting agency and booked in there. Most likely you’ll be taken directly to a detention facility where they will do the booking. In the event, you were taken to a local agencies station, you will then be transferred to another jail or detention center in Mississippi. In which case you will be searched, they will take pretty much everything that you have. They issue you standard jail clothes, and you will wait to get a bond.

How DUI is Defined in The State Of Mississippi?

https://thefrankslawfirm.com/dui-mississippi/

DUI in Mississippi is defined in a couple of different ways. You have what is known as a common law DUI, which means the officer thinks that you are impaired and operating a motor vehicle on the highways of the state of Mississippi. And that is where a lot of your field sobriety tests and things like that come in. However, there’s also the statutory version and that’s the 0.08 blood alcohol content that everybody knows about. If you have a 0.08 or higher than you’re considered impaired by the statute.

How Common Is It For A Person To Assume They Won’t Win A DUI Case?

https://thefrankslawfirm.com/how-common-is-it-for-a-person-to-assume-they-wont-win-a-dui-case/

It’s very common that, that someone assumes that they don’t have a chance of winning the case. Unfortunately, and often it’s because the individual feels like they were railroaded from the very beginning. From the moment the officer pulled them over, to having them do the tests and then putting them in the detention center for whether it’s a couple hours or up to eight hours in some cases, depending on jurisdiction; they feel like they’re playing from behind the eight ball to start with. A lot of it is bluffing and blustering on the part of the police officer who performed the arrest. They may not have done a proper DUI investigation at all. In some cases they don’t even do something that could be called an investigation. And that’s why it’s critical to get an attorney involved in the case.

Can My Attorney Reduce My DUI Charges?

https://thefrankslawfirm.com/reduce-dui-charges/

Unfortunately in Mississippi, there’s no way to take a DUI to a lesser offense. When you’re talking about a DUI first or second, the law is very specific that it cannot be taken to anything else. There’s no way to take a second and make it a DUI first. There’s no one to take it to a first and make it some kind of traffic offense. So unfortunately you will never see a DUI taken to a lesser offense.

Can I Get An Attorney Before Submitting Blood Or Breath Test In A DUI Case?

https://thefrankslawfirm.com/get-attorney-breath-test/

You can certainly try if you have an attorney’s number. Unfortunately, people are arrested at really odd hours of the night, outside of business hours. At the Franks law firm. We have a 24 hour answering service. The answering service takes your phone call and they transcribe it into a text message, which is forwarded directly to myself and my staff. And if one of us is available or awake, then we certainly call an individual back as soon as possible to talk to them.

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?

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It's one extreme or the other. Either I’m hired very early on, or late in the process. The sooner I’m hired the better, because there are several things I do. I request discovery. I request an extension of the driver’s license. I’m also requesting freedom of information, act requests from various agencies that are involved, crime lab reports. If you wait right up until trial, I’m either struggling to get a continuance or I’m struggling to get all the documentation and information lined up that I need.

Am I Going To Have A Court Appearance Within 30 days After A DUI Arrest?

https://thefrankslawfirm.com/court-appearance/

Usually you will have a criminal court appearance within the first month of the arrest. It’s called your initial appearance. And all that happens there is you walk up and either you enter a plea of guilty or not guilty. If you enter a plea guilty, the judge will send it to you right then and there, and things will continue to the sentencing phase and you will begin serving your sentence. However, if you enter a plea of not guilty, then they will assign you a trial date in the future, you will appear and have your trial.

After A DUI Arrest, Will I Be Able To Drive?

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You should be able to drive for a specific period of time. They give you a piece of paper that says, this is your license for the next 30 days. And they will go ahead and start processing that information to their system. And it should spit out a letter that is mailed to the address on your driver’s license. And on that letter, it says that you have 30 days to have your DUI heard, or you have 30 days to have an attorney request that it be heard in that time.

If You Have A DUI – You Need the Big Man on Your Side