Legal Question in DUI Law in Mississippi

new law concerning driving under the influence

how can one possibly be prosecuted for DRIVING under the influence when one was not in fact DRIVING


Asked on 6/21/05, 6:38 pm

2 Answers from Attorneys

Jeffrey Padgett Padgett Law Firm, pllc

Re: new law concerning driving under the influence

If you were behind the wheel, you fit under the dui statute.

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Answered on 6/25/05, 5:59 pm
Albert Pettigrew Law Offices Ph 228-875-8736

Re: new law concerning driving under the influence

Currently, the law is being prosecuted expansively. Anyone behind the wheel with keys in his or her possession is considered to be in control of the vehicle. The Constitution requires that punitive laws be read narrowly so there may be a constitutional issue here. Possibly, the constitutional issue has already been resolved but I suspect the Supreme Court probably does not consider misdemeanor cases to be sufficiently significant to rate their attention. If the DUI is at the felony level, it could probably qualify for Supreme Court consideration, but it still may not qualify for a hearing.

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Answered on 6/21/05, 7:43 pm


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