DUI Defense

DUI Defense Lawyer

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 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).