Category Archives: Uncategorized

Refusal to Blow and License Suspension

In Mississippi a driver may have his/her license suspended as a result of refusing to “blow” when suspected of driving under the influence (DUI).  In the event you find yourself pulled over and facing a breath test to determine your blood alcohol level, your refusal will result in your license being administratively suspended. Similarly, if you are convicted of DUI you will lose your license for a period of time.

The reason for a possible license suspension even without be convicted is “implied consent.”  According to Mississippi law, every driver has given “implied consent” to have their blood alcohol level checked if suspected of driving under the influence. As stated in previous posts, police must have “reasonable grounds and probable cause” in order to subject you to a breath test.  If you refuse to take the test the Mississippi Commissioner of Public Safety,  may determine that your license will be suspended.  Prior to your license being suspended you must be given notice that your license will be suspended 30 days from the date of such notice.

For many having your license suspended can be devastating.  With the help of a criminal defense attorney it is possible to have your license suspension put on hold until after a trial on the criminal charges you are facing.

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Consequences of Shoplifting

According to Mississippi law, any person who willfully and unlawfully takes possession of any merchandise owned, held, offered or displayed for sale by a merchant, without paying for it, is guilty of the crime of shoplifting.

If convicted of Shoplifting, for merchandise which is less than or equal to $500,  the offending party can face a fine of not more than $1,000, and/or a jail sentence of not more than six months.

In the event you are convicted of a shoplifting offense and do not learn your lesson and are convicted of shoplifting a second time, you will face penalties that match a first conviction.  However, if you are convicted a third time it will be considered a felony, which brings far more severe penalties and longer lasting consequences.

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Simple Assault and Law Enforcement

We have discussed Simple Assault in previous posts, including our last post which discusses the victim being pregnant as an aggravating factor, this post warns of the consequences of assaulting a law enforcement officer. Just as the type of acts which would normally constitute a simple assault, a misdemeanor, can be lead to more serious ramifications if the victim is pregnant, the same is true if the victim is a law enforcement officer. While Simple Assault carries a punishment of up to six (6) months in jail and a $500.00 fine, if the assault is against a law enforcement officer then it is raised to a felony. As a felony the punishment could include up to five (5) years in a penitentiary and a $1,000.00 fine. As you can see, in the event you find yourself in a situation involving a law enforcement officer, it is vitally important that you remain calm and do not take any actions which could be construed as aggressive towards the officer.

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Simple Assault and Aggravating Factors

As discussed in a prior post, simple assault in Mississippi can be punished by up to 6 months in jail and a fine up to $500.00, or both.  However, there are certain aggravating factors which can substantially increase the consequences of actions which would otherwise be considered misdemeanor simple assault.  No surprisingly, the actions which constitute simple assault, when committed against a pregnant woman leads to significantly greater penalties. Intentional simple assault against a pregnant woman will be penalized as follows: (a) If the conduct results in a miscarriage or stillbirth by that individual, a felony punishable by imprisonment for not more than twenty (20) years or a fine of not more than Seven Thousand Five Hundred Dollars ($ 7,500.00), or both. (b) If the conduct results in serious physical injury to the embryo or fetus, a felony punishable by imprisonment for not more than twenty (20) years or a fine of not more than Five Thousand Dollars ($ 5,000.00), or both. (c) If the conduct results in minor physical injury to the embryo or fetus, a misdemeanor punishable by imprisonment for not more than six (6) months or a fine of not more than One Thousand Dollars ($ 1,000.00), or both.

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Welcome Back Ole Miss Students and Incoming Freshmen and Transfers

Haymans and Company, PLLC welcomes back current Ole Miss students and extends a first welcome to the incoming freshman class and transfer students. We know that you will enjoy your time at Ole Miss and in Oxford as much as we do. While we know that you will enjoy the Square celebrating Ole Miss victories or just pleasant fall weather, we ask that you do so in a safe and responsible manner. However, in the event you find yourself facing legal issues or criminal charges (which does happen from time to time), we want you to know that the attorneys and staff at Haymans and Company, LLC are here to assist you. We are prepared to represent you against a number of criminal charges, including: DUI (Driving under the influence of alcohol and/or drugs) Simple Assault Aggravated Assault Minor in Possession Disorderly Conduct Drug Paraphernalia Burglary Destruction of Property Game and Fishing Violations Domestic Violence Malicious Mischief Drug Offenses Forgery Shoplifting Auto Theft Traffic Violations Firearm Charges Robbery

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Haymans Law Criminal Defense Attorneys

We understand facing criminal charges can be intimidating and highly stressful. Dealing with criminal charges on your own can be frustrating and usually leads to an outcome that is not best for you. Our attorneys are dedicated to helping people facing all types of criminal charges get fair treatment and the best outcome available to them.

Whether you have been charged with a misdemeanor or a felony, our attorneys understand the lifelong consequences that a criminal conviction can have. Including a negative impact on your ability to find employment, housing, and even obtain a secondary education.

Our attorneys have the staff and resources to handle all types of criminal matters from misdemeanors to felonies. We have the manpower, including our own investigators, to thoroughly research the facts surrounding your case and to find the weaknesses in the case being presented against you.

Of course, many criminal cases are handled outside the courtroom. At times reaching a resolution to your case prior to trial is your best option. If this is the most likely way to obtain a positive result in your case, the criminal defense attorneys at Haymans and Company, PLLC will use all available avenues and information in order to obtain a satisfactory plea. Our attorneys will be strong advocates for you during these negotiations.

Our attorneys are prepared to defend you against a wide variety of criminal charges, including:

DUI (Driving under the influence of alcohol and/or drugs) Simple assault Aggravated assault Minor in possession Disorderly conduct Drug paraphernalia Burglary Destruction of property Game and fishing violations Domestic violence Malicious mischief Drug offenses Forgery Shoplifting Auto theft Traffic violations Firearm charges Robbery

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DUI Levels and Consequences

Below is some very basic information on the various levels of DUI (driving under the influence, or more commonly “drunk driving”).  While this list does include some of the consequences of receiving a DUI it does not include the non-judicial consequences such as: ramifications for college or graduate school acceptance, higher insurance, getting hired for a job, being able to obtain certain license endorsements, or even losing a job.  So please remember, while DUI’s may have serious consequences within the judicial system, sometimes the consequences later in life are far more severe.

DUI FOR MINORS (UNDER 21) First offense DUI: • Applies if test results are between .02% -.08% Breath Alcohol Concentration • If you refuse the test, you are treated like an adult first offense • $250 Fine • Victim Impact • Alcohol Safety Education Program (MASEP) • Ninety days license suspension • Thirty days if no breath test • DUI may be non-adjudicated at court’s discretion

Second offense DUI: • $500.00 Fine • License suspended one year (reduction to six months after certified alcohol/drug program)

Third offense DUI: • Up to $1,000.00 fine • License suspension for two years or until age 21 (whichever is longer) • Completion of certified alcohol/drug program

DUI FOR ADULT (OVER 21) First offense DUI : • $250-$1,000 fine and court costs • Jail time 48 hours • One year license suspension • MASEP & Victim Impact Classes

Second offense DUI within 5 years: • Fine range of $600-$1,500 and court costs • Jail time 5 days to one year, community service of 10 days to one year • Two years license suspension • Vehicle impounded or immobilized for term of license suspension

Third offense DUI: • Fine range of $2,000-$5,000 • One to five years imprisonment • Driver’s license suspended for five years • Vehicle seized and sold with proceeds to the state • Felony conviction – loss of civil rights (cannot vote or own a handgun)

DUI resulting in death or disfigurement – Any person who is DUI and in a negligent manner causes the death of another or mutilates, disfigures, permanently disables or destroys the tongue, eye, lip, nose or any other limb, organ or member of another faces imprisonment in state penitentiary for a period of time of not less than five years and not to exceed twenty five years.

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Expunging your DUI

While the best strategy for maintaining a clear record is to never get a DUI, in the event you have already been convicted of a DUI/DWI, you may have the opportunity to have the DUI conviction expunged, meaning taken off your record.  Having a DUI conviction expunged from your record has tremendous benefits, however, not everyone is eligible.  In order to be eligible to have your DUI conviction expunged, you must have not previously had a DUI expunged, you must have not previously had a DUI nonajudicated, you must successfully complete all terms and conditions for your sentence from the DUI conviction, your BAC must have tested below .16%, you must not have refused a breathalyzer test, and five (5) years must have passed from the time of your DUI conviction.

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DUI Checkpoints and Roadblocks

Sobriety checkpoints, also known as DUI checkpoints, or more commonly “roadblocks” refer to the temporary stops intended to locate drunk drivers and to keep them off the road. Many people question the legality of such checkpoints or roadblocks and whether they are permitted, the simple answer is yes they are (in Mississippi). In the event you find yourself facing a DUI roadblock, there are several things to keep in mind. First, be polite, while most people have stories of an unpleasant experience with a stop or other interaction with a police officer, being aggressive will only hurt your position, remember, in the event you have been drinking you are not going to win your case at this point. Second, answering questions is voluntary. Submitting to a breath test is also voluntary, however, if you refuse your license will be suspended.

If you find yourself facing DUI charges, Haymans and Company, PLLC can help obtain the best outcome available to you and minimize any possible consequences.

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Simple Assault?

As has been discussed in previous posts, “simple assault” is a misdemeanor resulting from a person: knowingly or recklessly causing bodily injury to another, negligently causing bodily injury to another with a weapon, or even threatening a person in such a manor that they fear serious bodily harm.  The injuries in simple assault cases are generally not particularly serious, but can still leave you with a conviction on your record and facing penalties such as: up to 6 months in jail and a fine up to $500.00, or both.

While the above listed actions can lead to you being charged with misdemeanor simple assault, if the facts change slightly, you can find yourself facing felony charges even when your actions have not changed.  In the event you engage in actions which would be considered simple assault, but the victim is an elected official, law enforcement, emergency medical personnel, a social worker, or a teacher then your actions can be upgraded from a misdemeanor to a felony.

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