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Ocean Springs, Mississippi Family and Criminal Law Blog

6 defenses against drunk driving allegations

Your drunk driving charges may have happened in a lot of different ways. Imagine, for example, you were pulled off to the side of the road because you knew you were too drunk to drive, and while you were sleeping it off, an officer comes to knock on your window. That circumstance is a lot different from a driver who was so intoxicated that he or she was driving the wrong way down the Interstate.

Alternatively, maybe you hadn't drunk a drop of alcohol the entire night, but for some reason, a police officer became convinced you were drunk when in fact you were not. These kinds of things happen, and that's why every Mississippi driver is entitled to a criminal defense.

What you can expect from a DUI in Mississippi

For many people, Friday Happy Hour is a way to unwind from a stressful week at work and usher in the weekend. Unfortunately, things can go terribly wrong if you get behind the wheel after having a few drinks. Imagine driving home from an evening out with your friends when a police officer pulls over. Just a short time later, you are in the back of a squad car and on your way to jail.

A conviction for driving under the influence (DUI) comes with very serious consequences. You could lose your license, have a hard time finding a job, and even have trouble renting an apartment. An experienced criminal defense attorney in the Gulf coast area can help defend you against DUI charges. Read further to find out more about DUI laws in Mississippi.

Can I go to jail for marijuana possession in Mississippi?

It is possible to face jail time of between 5 and 60 days for possessing any amount of marijuana (up to 30 grams) on a second or subsequent conviction within two years.

It is also possible to face jail time if you are caught with marijuana in your vehicle. Possessing between one and 30 grams of marijuana in a vehicle, such as in a glove compartment, can result in a fine up to $1,000 and up to 90 days in jail. This does not apply to marijuana found in a vehicle’s trunk (Miss. Ann. Code § 41-29-139(c)(2)(B)).

Mississippi's divorce laws will not be updated

It can be extremely difficult to get a divorce in Mississippi if both spouses will not agree to end the marriage. That's because Mississippi is one of only two states in the U.S. that do not have no-fault divorce laws.

In order for the court to grant a divorce in Mississippi, both spouses must consent to end the marriage citing "irreconcilable differences," or the spouse who wants to end the marriage must be able to show cause.

Is alimony a thing of the past?

Alimony -- also called spousal maintenance or spousal support -- involves a higher-earning spouse making payments to a lesser-earning spouse after a divorce on a temporary or permanent basis.

One of the first questions that many people have at the beginning of the divorce process is whether alimony will apply in their case. What most people don't realize is that alimony is getting less and less common in Mississippi and most other states.

Marriage Advice 1

My job is ending marriges, but I would prefer to save marriages.  I am not a marriage counselor, and yet I will offer my advice because I see so much that ends marriages.  I will post these "insights" frequently.  

Why dads don't have to take a backseat

Whether you are the father to an infant or a teenager, you might be thinking that your child is better off with the mother calling the shots and you taking a backseat in parenthood. If you are no longer with the mother, you may think that you have no other choice but to back off and let her raise the child.

Both of these things could not be further from the truth.

You have every right to play an active role in your child's life, and if you do, your child will benefit from it, especially your daughters.

Nurses facing DUIs have a lot to lose

The holiday season is the biggest time of the year for parties. It's also the biggest time of the year for DUIs.

The consequences of DUI are serious

There are few things more stressful in life than seeing flashing lights in your rearview mirror after you have a drink or two. Even if you feel perfectly fine to drive, you never know for sure if you are over the legal limit, or if the police will still accuse you of being drunk even when you are well under the limit.

Unfortunately, you have every right to be nervous. A DUI conviction in Mississippi results in serious consequences which could include heavy fines, loss of driving privileges, jail time, a permanent criminal record, increased insurance rates, and having to install an ignition interlock device.

Not only that, some professionals, like nurses, could also face losing their licenses, putting their livelihood in jeopardy.

What Trump's presidency means for LGBTQ families

First, the good news: Donald Trump and his administration will not be able to invalidate same-sex marriage with an executive order.

However, it could potentially become more difficult for same-sex couples to adopt children together, so it is important to go forward with the adoption process now.

When to agree to a breathalyzer in Mississippi

Halloween weekend is upon us. In addition to planning your costume, you should also be planning a sober ride if you will be drinking because Mississippi police is going to be out in full force looking for drunk drivers.

If you end up being pulled over by police and you are not sure if you are over the legal limit to drive, you may wonder if you should agree to take a breathalyzer test or not. In the past, most DUI lawyers said that refusing to blow is always your best bet, but that's not true anymore.

How refusing a breathalyzer test can hurt you

Two years ago, the non-adjudication statute went into effect in Mississippi, which permits non-adjudication and "expunction" for first-time DUI offenses. In other words, it is possible to have a first-time DUI conviction permanently erased, or expunged, from a person's record with a lawyer's help.

However, this is much more difficult to do if the person refused a breathalyzer test.