Many people who are accused of impaired driving are under the influence of alcohol. When given a breath test, they are often over the legal limit. Because of this, drivers sometimes believe they can avoid impaired driving accusations simply by avoiding drinking and...
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Brent M. Brumley Law Blog
How a holiday DUI can ruin more than just your New Year’s
Holidays are for celebrations and family gatherings. It's also a time when alcohol flows in specialty drinks such as eggnog and Tom and Jerry's. These holiday favorites go down easy, and before you know it, you've had too many. Unfortunately, one night of Christmas or...
A marijuana souvenir from vacation could lead to federal charges
Marijuana laws have changed substantially in recent decades. Many states, including Mississippi, have adopted programs that allow people with debilitating or chronic medical conditions to legally use marijuana. A smaller collection of states have legalized marijuana...
The ‘Romeo and Juliet’ consent rules in Mississippi
Many sexual crimes prosecuted in Mississippi involved violence, intoxication or coercion. Duress and intoxication can potentially impact the ability of an individual to consent to intimate acts. Age can also compromise claims of consensual intimacy. Like many states,...
When can a conviction be appealed?
There are a number of misconceptions when it comes to appeals. The first is that appeals are automatic or happen in the majority of cases. The reality is that there must be a valid reason for the appeal. The second misconception is that an appeal is a chance to bring...
The link between eyewitnesses and wrongful convictions
Not everyone convicted of a crime is guilty. Prisons contain numerous people who have been wrongfully convicted. One factor that leads to wrongful convictions is often eyewitness error. The Innocence Project, which uses post-conviction DNA testing to contest wrongful...
It is very difficult to judge your own impairment level
If you ask people if they would knowingly drink and drive, many of them will tell you that they would not. This does not mean they will avoid drinking altogether. Someone may feel like it is fine to have a glass of wine with dinner. But they simply monitor their own...
What happens after a Mississippi probation violation?
Probation is often the best sentence available after a criminal conviction. Instead of spending time in state custody, defendants only have to submit to court supervision. If they comply with all of the terms set by the courts for the duration of the probation order,...
Can the state charge people for being near drugs?
Many drug possession cases are straightforward legal matters. When police officers find drugs in someone's pockets or inside a bag in their possession, it is a simple matter to establish that the individual had possession of prohibited drugs or controlled substances....
How vague laws can land you in a federal court
Every day life is filled with small choices that feel harmless. Maybe you let a friend use your Netflix password or make a quick change to a file at work that technically goes against company policy. These actions may not feel like crimes, but they can be viewed...
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