Legal Question in DUI Law in Mississippi

Re: question

Somewhere on the ticket (probably bottom) should have the name of the court. If not, call the "municipal" court if you got the ticket in the city and the "justice" court if you got it in the county.

You may still be charged with a dui if your blood alcohol ratio was high enough. The clerk (of the court) will know what all you have pending against you and the date you need to appear. You may also ask the clerk to enter your plea of not guilty and set it for trial. Be sure to get enough time to hire an attorney.

As far as the careless driving goes, I'd fight it. The cop figured, "Well, he had a wreck, that's pretty careless...must mean he was careless driving. Cops don't look at the facts, they look to see if they have a box to check on the ticket. IF they do, guess what...you get a ticket.

Jeff Padgett

Re: question

You have a constitutional right under the 4th Amendment to not consent to the blood test and your refusal to consent cannot be held against you. Since they did not charge you with DUI, there is a high probability they will not charge you.

Regarding the reckless driving, they have to prove your guild beyond a reasonable doubt. Since there were no witnesses and you deny reckless driving, it seems you have a strong defense.

Under the circumstances, you are not entitled to the free services of an attorney, so you will have to hire one if you feel you need representation. In either case, you should contact the court clerk to learn appearance date and then plead not guilty.