Legal Question in DUI Law in Mississippi

dui just out of vehicle headed toward store

i got a dui while out of my vehicle approaching a local supermarket. . saw officer giving tickets in firezone lanes. after i parked, officer approached me & stated someone (no names/address) told him i was in parking lot drinking. when officer arrived i was well on my way to store. told officer i had not been drinking in parking lot & asked for the name of the person who told him that. officer could not comply. officer then stated he smelled alcohol & he knew i had been drinking. i told him i had two beers earlier. officer cuffed me took me to the station, did not

read me my rights until after he had adminstered breath test, then read me my rights after test. in mississippi, there is a law that states that chemical breath testing sprecifically applies to public streets, roads, and highways. i was on the private property of the store. my question is, with this law in effect, how can i be charged with dui? furthermore, i was out of the vehicle and not in actualy physical control (behind wheel) when officer approached me. officer did state he sited vehicle, but never said he saw me driving from one parking spot to the other. . how good are my chances of getting this dismissed?


Asked on 9/26/02, 9:14 am

2 Answers from Attorneys
Jeffrey Padgett Padgett Law Firm, pllc

Re: dui just out of vehicle headed toward store

You're chances are better than most. You will probably walk with a good attorney well versed in DUI.

Let me know if I may be of additional assistance.

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Answered on 9/27/02, 4:31 pm
Albert Pettigrew Law Offices Ph 228-875-8736

Re: dui just out of vehicle headed toward store

It looks like your chances are better than most drivers have because of the circumstances. You should contact an attorney. This is a case where any admissions on your part while talking to the officer will definitely hurt. An officer does not have to actually see you operate a vehicle on the streets in order to arrest you for DUI. If the circumstantial evidence is sufficiently strong, the tryer of fact can infer that the operation occurred in his presence and that you operated a motor vehicle while under the influence. Research of the law may find that that it doesn't matters where a motor vehicle was operated while you were under the influence.

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Answered on 9/26/02, 4:09 pm


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