Mississippi Criminal Defense Lawyer Blog

Safety Board Asks States to Lower BAC Limit for DUIs

Thu, 23 May 2013 16:11:00 -0600

In a surprise announcement earlier this month, the National Transportation Safety Board (NTSB) proposed that all states lower the legal limit of blood alcohol content from the current 0.08 to 0.05. The push by the NTSB is part of a larger objective by the federal agency to completely end the occurrence of drunk driving deaths in the United States.

The NTSB says that U.S. is behind the times in terms of its BAC limit. The agency claims that more than 100 other countries, including almost all of Western Europe have now moved to a 0.05 BAC limit. The agency says that Europe has seen a 50 percent decrease in the instances of drunk driving fatalities since implementing the new, lower limit. The NTSB says that if states lower the limit to 0.05 then an estimated 500 to 800 lives could be saved each year.

Such abstract percentages have very little meaning to ordinary people so let's take a moment to put the change in practical terms. Under current laws, a 180-pound man could safely consume four drinks in an hour before hitting the legal limit of 0.08. Under the new rules, that same man could only have between two and three drinks in an hour and still be safe to drive. The amount of alcohol drops even more for women. According to experts, a 120-pound woman could only consume one drink before hitting the 0.05 limit.

Opponents of the measure point out that not only will the change result in a huge lifestyle shift for many people, but there is also the question of whether it will work. After all, the last time the U.S. tried to lower BAC limits (from 0.10 to 0.08) the process took nearly twenty years. Beyond the time it took to get every state on board, the results have been questionable. Currently about a third of all road deaths are related to alcohol consumption, about the same level that has been seen for decades.

Another important point that critics of the proposal bring up is that the danger of drinking and driving is not seen in those drivers with such low levels of BAC. Time and time again studies have shown that the most dangerous BAC levels are many multiples higher than that. For instance, one study cited by the National Restaurant Association found that the average BAC level of a drunk driver involved in a fatal accident was 0.16 percent, more than twice the current legal limit. Additionally, 70 percent of all drunk driving deaths involve a driver with a BAC of 0.15 or higher.

Mississippi DUI Ignition Interlock Law Moves Towards Implementation

Thu, 23 May 2013 15:47:59 -0600

A recent report found that more and more ignition interlock devices are being used in Mississippi DUI cases. Given a recent law that was signed into effect by the Governor, the use of the devices is expected to explode in the state.

The law was initially proposed by State Rep. Mark Formby who recently lost his five-year-old niece in a drunk driving accident. In April, Formby pushed for a new law which would mandate the use of ignition interlock devices for those defendants who have had previous DUI convictions.

Formby says that he cannot help but think about how different his family's life would be had the law been in effect prior to his niece's death. Formby says in an attempt to spare other families the same pain he endured, he became an avid advocate for the ignition interlock devices which are designed to keep an impaired driving from turning on a car.

The ignition interlock system works by taking random samples before and even after a vehicle's ignition is started. The purpose of the samples is to prevent someone other than the driver from providing a clean breath sample. If the breath sample is not provided, or the sample that is given exceeds the ignition interlock's present BAC level, the device will make note of the event, warn the driver and then set off an alarm until the ignition is turned off, or a clean breath sample is provided. Many people mistakenly believe that the ignition interlock devices simply turn off an engine when alcohol is detected. That's not true, thankfully, as this could cause a whole host of other driving safety issues.

Formby's legislation was passed by both houses of the Mississippi legislature and was signed into effect by the Governor. It is scheduled to go into effect at the beginning of July and will ensure that repeat offenders who want their driving privileges back must accept having an ignition interlock device installed. Not only that, but the law will give judges the chance to mandate the installation of the device even for first-time offenders.

The new law specifically states that when someone is convicted for a first-offense DUI, the person's driver's license could be suspended for 90 days, or a judge could order a 30-day license suspension and require the person to use an ignition interlock device for six months.

The American Beverage Institute has come out against the new measure, saying that the mandated ignition interlock devices are too harsh a punishment for first-time offenders. The group says that many people mistakenly consume more alcohol than they should and that these people should not be punished with such a punitive measure.

Beyond addressing ignition interlock devices, the bill also contains language which states that a fourth DUI offense would automatically be a felony and carry between 2 and 10 years in prison, regardless of the amount of time that passed between the previous convictions. Currently, a driver in Mississippi only faces a felony if they have had three or more DUI convictions within five years.

Mississippi Man Arrested For DUI Charged With Drug Crime After Officers Find Pills In His Shoes

Mon, 22 Apr 2013 15:35:22 -0600

A Mississippi man from Escatawpa was arrested late last month for driving under the influence. It was only after his arrest that officers discovered he had drugs hidden in his shoes, a find that resulted in additional drug charges for the 25-year-old Moss Point, Mississippi, man.

Police say they pulled over Jessie Shelton Caudill in Escatawpa after an officer noticed the man failed to dim his bright lights while driving through a residential area with other vehicles. Officers then arrested Caudill after he failed a series of field sobriety tests.

Police took the man to the Jackson County Adult Detention Center to be booked. It was while Caudill was being processed that other officers discovered 19 prescription painkillers hidden in his shoes. Officers say they found 19 Opana (otherwise known as osymorphone) pills. Opana is a prescription drug that is similar to morphine and is prescribed to help combat moderate to severe pain.

While Caudill's DUI was serious enough, the addition of the drug charges could end up putting the man away for a very long time. Mississippi law states that if Caudill is convicted, he could be sent to prison for between 4 and 16 years and face a potential $250,000 fine.

Prescription medications are powerful, dangerous, potentially addictive and heavily regulated substances. Even though the drugs come from a pharmacy, they are still controlled substances that can lead to serious legal trouble for anyone found to have have them absent doctors' orders. If the police believe a person gained possession over prescription narcotics through the use of fraud, deceit, or forgery, then prosecutors will be very aggressive in pushing for jail time as punishment.

Deadly Injections Lead To Mississippi Murder Charges

Mon, 22 Apr 2013 11:58:25 -0600

A man in Mississippi has finally received a trial date after being charged following the death of Georgia woman who was given counterfeit cosmetic buttock injections.

The man, Tracey Lynn Garner, will go to trial on June 10 in Hinds County Circuit Court. Garner is one of two people who have been charged in connection with the death of an Atlanta woman, Karima Gordon. The other person who will be charged, Natasha Stewart, was arrested in Memphis back in January. Stewart is an adult entertainer and also goes by the name Pebbelz Da Model. Prosecutors have announced that the two defendants will be tried for depraved-heart murder.

Police and prosecutors have announced that Gordon died after developing blood clots that traveled to her lungs only a few days after being injected with a low quality silicone substance at a residential home in Jackson, Mississippi. Rather than using medical grade silicone, prosecutors believe that Garner purchased a counterfeit substance and was using it to perform illegal breast and buttock augmentations. In fact, authorities say they are investigating claims that Garner injected counterfeit substances into a Mississippi man's face last year.

The victim, Gordon, was an adult entertainer and aspiring model in Atlanta and had undergone several other cosmetic procedures, though it remains unclear whether Garner performed the other operations. Gordon is believed to have driven to Mississippi with a friend to have the buttock injections, but became sick only a few hours later. Her friend called Garner to ask for advice on what to do, and all that Garner suggested was that they go buy some cough medicine. Unsurprisingly, the cough medicine did not fix the larger problem and Gordon died a few days later.

Mississippi Code Section 97-3-19 defines depraved heart murder as the killing of a human being without the authority of law, but "without any premeditated design to effect the death of any particular individual." The penalty for such a charge is incredibly severe; according to Mississippi law the only possible punishment for a depraved heart murder conviction is life in prison.

Neighboring Tennessee Supreme Court To Decide Important Field Sobriety Case

Mon, 01 Apr 2013 10:51:17 -0600

The Supreme Court in neighboring Tennessee is poised to handle a potentially important topic about how much weight should be given to field sobriety tests. Specifically, the state's highest court will consider what to do in cases where a driver passes a field sobriety test but is still suspected of being intoxicated.

The root of the problem is a case from 2009 where a defendant, David Bell, was charged with drunk driving. Surprisingly, his DUI charges came despite passing all six of the field sobriety tests administered by the arresting officer. The judge who first heard his case threw out his charges, saying that the police lacked the necessary probable cause to arrest Bell and that the blood test he was subjected to, which revealed he was indeed intoxicated (0.015 percent BAC), should also be thrown out.

The judge claimed that the results of the blood test were illegally obtained because there was never any basis to arrest Bell in the first place. The state appealed the decision and the Tennessee Court of Criminal Appeals agreed with the lower court, saying that the state could not administer field sobriety tests and then simply disregard the results when it did not suit their interests.

The case now comes before the state's Supreme Court after the attorney general asked for a resolution to the matter. The AG specifically asked the court to determine how much importance the field sobriety tests should have, particularly in cases where there is little if any other evidence that a driver is actually intoxicated.

For his part, Bell has said that the police had every right to pull him over. Bell admits to driving on the wrong side of the road, but said he only did so because he missed his turn and was trying to flip the car around. Bell said that while the officer absolutely had probable cause to question him, once he passed the field sobriety tests the officer's right to detain him ceased to exist.

Bell's attorneys have cleverly made the case that the prosecution and police should not be entitled to have their cake and eat it too. Police, on the one hand, have argued that field sobriety tests are excellent, reliable methods for detecting if a driver is under the influence. At the same time, when the tests indicate that a driver is not intoxicated, the police seem to think they should be able to ignore those results, and continue digging for evidence of impairment.

Though the case concerns Tennessee law, many defense attorneys in the region, including here in Mississippi, are watching the case given that it could impact how other states address similar issues. The hope is that the Supreme Court realizes that groundless police searches and seizures should never be permitted, even in cases where drunk driving is suspected.

Dogfighting Raid In Northern Mississippi Leads To Dozens Of Arrests

Mon, 01 Apr 2013 10:42:34 -0600

Law enforcement officials in northern Mississippi have announced that they busted up a major dogfighting ring after launching a raid in Benton County, Mississippi, over the weekend.

The investigation began when the Marshall County Sheriff's Office, the Benton County Sheriff's Office and the Mississippi Bureau of Investigation decided to cooperate in bringing down what they suspected was a large and organized dogfighting organization.

The Benton County Sheriff's Office said that when the police arrived at the dogfight on Saturday night, at least 200 people from more than 15 states were in attendance with an admission price of $100 per person. Police say some of the attendees came from as far away as California to watch the brutal fight, a sign that police say indicates some of them are relatively high up in the dogfighting world.

The gathering took place in a rural property off Highway 72 near Steward Road. Authorities then raided a barn on the property as people attempted to flee the scene of the crime. Authorities say that at least 50 people were arrested and that local and federal officers are continuing the hunt for others who escaped. Police say that many of those who fled did so on foot, often leaving their vehicles behind. More than 70 cars and trucks were seized by officers that are now sitting in an impound lot. Police say many of the vehicles were expensive, recent models.

Authorities have said that they were also able to rescue 20 dogs from the fight. The dogs have all been taken to the Benton County Humane Society where they were given veterinary treatment and will be assessed for injuries. Officials with the Humane Society say they are working to identify dogfighting evidence and paraphernalia used in the enterprise.

Police say the hope is that with big raids like this, a message is sent that law enforcement will not tolerate such conduct and that people will think twice before engaging in the activity again.

The punishment in the state is quite severe for those that have anything to do with the crime of dogfighting. In fact, a national ranking of state dogfighting laws by the Humane Society put Mississippi's laws at the sixth most severe in the country. Mississippi law says that it is a felony punishable by between one and three years in jail and between $1,000 and $5,000 in fines for those found to have engaged in dogfighting. The same penalties apply to those who own dogs used for fighting. Mississippi also has punishments for those who are merely spectators at dogfights, felony charges with up to a year behind bars and fines of between $500 and $5,000.

Mississippi Close To Passing Mandatory DUI Ignition Interlock Law

Mon, 01 Apr 2013 10:12:46 -0600

A bill making its way through the Mississippi legislature would require all those convicted of DUI to install an ignition interlock device on their car if they ever want to get their driver's license back. The measure is being sponsored by House Speaker Phillip Gunn and has now moved forward to a conference committee where leaders from both the House and Senate will attempt to reconcile their differences.

The bill would mean that someone who has been found guilty of drunk driving would be required to install a device, similar to a breathalyzer, that must be blown into before the car would be able to start. The device prevents a driver with a BAC above the legal limit (0.08 in Mississippi) from turning on the car.

Under current law, judges are granted the discretion to order that a driver use an ignition interlock device, the new measure would make it mandatory. Another component of the bill would be requiring the driver to pay the expense of installing the device, which runs between $100 to $200 for installation in addition to a relatively small month fee.

The bill is very close to passing given that it has passed the House with only four dissenting votes and passed the Senate with only two no votes. Those who have voiced concern about the measure have raised issues about the costs of the device being imposed on drivers who simply cannot afford additional monthly bills. Another issue raised was the prospect of a false reading which can happen in cases where someone may have been taking cold medicine. Finally, others have complained that the bill does not go far enough to address all the substances that a driver could ingest and then lead to dangerous driving. For instance, the ignition interlock device has no way of detecting whether a driver is on prescription medications such as opiates or whether the driver has engaged in illegal drug use.

Gunn argues that the bill actually includes some benefits to those arrested for DUI, in that will enable the driver to get back behind the wheel sooner. Under current state law a person who has been convicted of drunk driving will have his or her license suspended for 90 days after their first offense. The only exception to this rule is if the driver is able to successfully plead for a hardship license. Under the proposed legislation, the license suspension would only be for 30 days so long as the ignition interlock was installed on the driver's vehicle.

MADD (Mothers Against Drunk Driving) came to Gunn to advocate for the legislation, saying that other states have passed similar measures and seen a decrease in instances of repeat drunk driving as a result. MADD says that 17 other states, including several in the South, have passed similar mandatory ignition interlock laws.

Mississippi Supreme Court Agrees To Hear Case About Criminal Charges For Stillbirths

Mon, 01 Apr 2013 09:58:02 -0600

In an especially tragic case out of Jackson, Mississippi, a woman is appealing her case to the State Supreme Court after being prosecuted for the stillborn death of her child.

The case involves a woman, Nina Buckhalter, who suffered a stillbirth back in 2010. Doctors said that the stillbirth likely occurred because of Buckhalter's drug use, specifically, because of cocaine. A lower court in Lamar County threw out the charge against Buckhalter, saying there was no evidence that the Mississippi legislature intended to criminalize drug use by pregnant women that might harm their children.

However, prosecutors are arguing that the charge of culpable manslaughter against Buckhalter should be reinstated and that the woman should stand trial. The Supreme Court decided to hear the case and will begin oral arguments later this week.

There have been several similar cases filed against women who had stillbirths since 2006. Two of those cases, including the one against Buckhalter, are still pending. Another woman impacted by such charges is Rennie Gibbs of Lowndes County. Gibbs suffered a stillbirth in 2006 after she ingested cocaine. Her actions led her to be charged with depraved-heart murder. Even more tragically, this all happened while Gibbs was only a teenager. She first became pregnant at 15 and the child died when Gibbs was 16.

Some have questioned the entire idea of charging with a crime a woman who just lost a child unexpectedly. The problem, according to same defense experts, is that it opens up a potentially never-ending can of worms where all kinds of women could be charged with manslaughter in the event that their babies die. For instance, what if a woman smokes or drinks while pregnant or if an overweight woman did not follow her doctor's orders. Allowing these prosecutions to move forward results in many new questions that would need to be resolved.

Another issue that such prosecutions raise is what would happen if a pregnant woman were to come forward and ask for drug treatment while pregnant. Some worry that if such prosecutions are allowed to move forward, it will create a disincentive for a woman to seek help out of fear that she could be charged in the event that something bad happens to her child.

Prosecutors claim that Mississippi law defines unborn children as human beings which means that manslaughter can be applied to mothers whose gross negligence led to the death of their children. Prosecutors admitted that no bill has ever been passed by the legislature that specifically criminalizes a mother's drug use while pregnant, but they argue that one is not needed because existing laws allow for prosecution.

Olive Branch, Mississippi, Police Buy New Crime Fighting Command Center

Tue, 19 Mar 2013 13:53:26 -0600

In a somewhat frightening display of technological prowess, the Olive Branch, Mississippi, police department announced that it would be getting a new crime fighting surveillance trailer containing cameras mounted 15 to 20 feet in the air.

The new mobile surveillance command center was approved by city officials earlier this month. The goal is that it will give police officers a birds-eye view of large outdoor spaces, especially crowded public gathering spots.

The trailer will come equipped with flashing blue lights to alert passersby to the presence of the police and their watchful eyes in the sky. Police Chief Don Gammage has said that the department has reviewed statistics that show that the trailers work to deter crime. When people realize they are being watched, Gammage says, the data shows a steep decline in criminal activity in the immediate vicinity.

Olive Branch is not alone in possessing such a surveillance trailer. Southaven, Mississippi, police have had one for several years and use it during the Christmas holidays to watch over crowded shopping centers. Nearby Collierville also uses one and stakes out popular gathering spots. Olive Branch said the trailer cost about $50,000 and will likely be used at gatherings such as the city's July 4th celebration.

In previous instances of police purchasing such surveillance trailers the ACLU has voiced opposition to the use of public money to put surveillance cameras in public places. The ACLU says it has a problem with police seeking to watch people who are not doing anything wrong. Rather than protecting the public, the surveillance amounts to watching everyone in the hopes that they are able to can find someone doing something wrong.

Though the cameras have not sparked much outrage among residents, that is precisely what concerns civil rights groups, which worry about a slow dilution of privacy rights. Olive Branch police, for instance, have not yet said how long the video gathered by these surveillance trailers will be stored. Allowing police to hold onto videos that could later be mined for other information worries groups like the ACLU, which has long warned about the increasing use of sophisticated military technologies in civilian law enforcement agencies. For example, hundreds of police agencies across the country have already purchased and are using drones for various law enforcement and surveillance purposes. Though Olive Branch isn't in drone territory yet, the worry is that it could be a short and very slippery slope before we have pilotless aircraft circling above our heads.

Mississippi Meteorologist Arrested For Sexual Battery Of A Child

Mon, 18 Mar 2013 13:45:28 -0600

A popular Mississippi weatherman was arrested recently on sexual battery charges due to a series of incriminating Facebook messages exchanged with his 15-year-old victim. The suspect, WLBT-TV weatherman Eric Law, had worked for the Jackson, Mississippi, station since 2004.

Police say that the girl came forward after having sexual contact with Law. She sent the Facebook messages to police and reported that she had spent the night at Law's home on several occasions. The girl said that she would go to the "Law and Order room" to engage in sexual behavior with the weatherman. The room was called that because Law is a fervent fan of the crime show, an odd twist giving that his own case is playing out much like an episode of his favorite drama.

The meteorologist was charged with two counts of sexual battery and two more counts of gratification of lust and is now out of jail on a $200,000 bond. Lust's private desires do not appear to match up with his public persona, that of a good Christian husband. His Facebook and Google+ profiles both discuss his love of Jesus Christ and how happy he was to be saved. He also discusses his marriage to his wife, whom he met on a Christian Internet chat room. The two have been together since 1999 but do not have any children of their own.

Under Mississippi law, the meteorologist is facing some serious trouble. His first charge, sexual battery, is found in Mississippi Code Section 97-3-95. The statute says that a person is guilty of sexual battery if he or she engaged in sexual penetration with "a child of fourteen (14) but less than eighteen (18) years if the person is in a position of trust or authority over the child." Gratification of lust is found in Mississippi Code Section 97-5-23 and defines the crime as:

"Any person above the age of eighteen (18) years, who, for the purpose of gratifying his or her lust, or indulging his or her depraved licentious sexual desires, shall handle, touch or rub with hands or any part of his or her body or any member thereof, any child younger than himself or herself and under the age of eighteen (18) years who is not such person's spouse, with or without the child's consent..."

Each count of sexual battery carries a potential jail term of up to 30 years and a $10,000 fine. Law faces up to 15 years in prison and $5,000 in fines for each of his gratification of lust charges.

Mississippi Counties Moves To Lock Up Habitual Offenders

Mon, 18 Mar 2013 13:35:37 -0600

The district attorney for several South Mississippi counties has announced that it will be a priority of his office to lock up habitual offenders for as long as possible in an attempt to end what he says is an endless cycle of crime.

Joel Smith, DA for Harrison, Stone and Hancock counties in South Mississippi, said that he grew sick of seeing the same faces in court over and over again. Smith said that while our justice system is built on giving everyone a second chance, he does not believe that people should be given three, four and five opportunities to behave in accordance with the law.

As a result, Smith said that a top priority of his will be using all the legal tools at his disposal to prosecute habitual offenders in his jurisdiction. Just recently this was made a reality when three Harrison County defendants in separate drug cases, each with at least two prior convictions, were sentenced as habitual offenders.

In Mississippi, a habitual offender conviction means that inmates are not eligible for early release and cannot become a "trusty." This means that a person with a habitual offender conviction is required to serve every single day of their sentence and cannot be given special privileges including early release reserved for trustworthy inmates. Smith says the goal is to keep the offender off the streets for as long as possible and not give any credits for good behavior to shorten sentences.

Smith's goal of targeting repeat criminals has certainly been effective from a numbers perspective. New figures were recently released by the Mississippi Department of Corrections which named Harrison County, located within Smith's jurisdiction, as the leading county for sentencing people as habitual offenders. In fact, Harrison County has sent more than double the number of people to the Mississippi State Penitentiary (Parchman Farm), as the second place county. Harrison County sent a total of 317 people to Parchman as habitual offenders. Second place is located right here in Northern Mississippi, DeSoto County, which locked up 154 habitual offenders.

While the tough love approach may be working in terms of locking people up, it's not clear that it has helped any of the men overcome the problems that led them to their criminal activity. For real change to occur other programs need to be developed, such as drug treatment options, reliable half way houses and job rehabilitation programs that help incorporate convicts back into civil society by giving them a way to establish a foundation outside of prison.

Southaven, Mississippi, Police Focus On Apartment Crime

Mon, 18 Mar 2013 13:27:29 -0600

The City of Southaven, Mississippi, recently launched an effort to crack down on apartment crime, a problem that was long simmering in the area. Efforts by the police department to reduce crime, especially in some notoriously bad apartment complexes, were never very successful. That is, until the city created a street crimes unit and opened the lines of communication with apartment managers.

Southaven Police Chief Tom Long says that the department discovered that one of the biggest problems in apartment crime situations was a lack of communication. The trouble was that many of the apartment complexes had no lines of communication with one another. For instance, if an especially bad tenant were removed by police and evicted for some misbehavior, the person would just collect their belongings and move across the street to a new complex. The new apartment complex was likely totally unaware of previous problems with the tenant. The lack of communication created a situation where crime moved cyclically, shifting between several big apartment complexes.

The Southaven Police Department's new Street Crimes Unit has changed all that. The two officers that make up the unit visit with apartment managers on a regular basis. Their goal is to help prevent crime before it happens. The Department realized that 1/3 of Southaven residents live in apartments with only a handful representing real criminal hotspots. The officers then targeted these apartment complexes, asking that management take a more active role in monitoring and enforcing rules on tenants. The two officers set a goal of meeting with 15 property managers on a weekly basis, updating them about police concerns and gathering information about tenant trouble.

The officers say their efforts have paid off and that more complexes are enforcing their rules and quickly acting in the face of trouble. Now the complexes that used to be seen as the city's worst are cleaned up and have significantly fewer reports of crime. In the case of one complex, Oak Ridge Apartments, the difference has been dramatic. The property manager says that since the launch of the street crimes unit, the complex has not had to hire a courtesy officer and that local pizza companies will now deliver to the complex. This represents a big change from the situation in 2008 when the same complex was the site of a double murder.

DeSoto County, Mississippi, Turns Delinquent Criminal Fines Over To Private Collection Agency

Fri, 15 Mar 2013 11:34:23 -0600

If you owe a criminal fine to DeSoto County, you best be on the lookout because a recent move by the local government might result in increased pressure to get their money. The move, made by the DeSoto Board of Supervisors, allowed a private collection agency, Pioneer, to begin the process of collecting money for the county while letting the company keep the delinquency fees for itself.

A recent meeting by the Board of Supervisors ended with a one-year deal that allows Pioneer to track down those people who owe the county money. Pioneer has plenty of experience collecting money, as it is a branch of Sallie Mae, the student loan company, and has also done work collecting for the Department of Education and the IRS. The firm says its recovery rate is about 40 percent, compared to an industry average of only 20 percent.

The Circuit Clerk, Dale Thompson, appeared at the Board of Supervisors meeting and said that the county needed outside help because they had tried and failed to solve the problem internally. The clerk said that the county had done all it could to collect criminal fines and has made little progress.

The criminal fine system says that once a person falls three payments behind schedule, they are technically placed on a delinquency list. However, being moved to such a list does almost nothing to ensure payment. While it is possible that people who are on probation and are in arrears can be arrested on a bench warrant and thrown back in jail, it's very hard to find these people as their addresses almost always change once they are released.

Thompson says that since the 1990s, DeSoto County has amassed at least $3.6 million in past due fines. When you include court-ordered restitution, state fees, clerk fees and court costs the total then jumps by another $5 million.

The Board of Supervisors determined that allowing Pioneer to handle collections while keeping on the delinquency fees was a win-win for the county and the company. Whether having a private company calling and harassing residents of DeSoto County qualifies as a "win" for the rest of us remains to be seen.

Study Finds Texting and Driving As Dangerous As Drunk Driving

Fri, 15 Mar 2013 11:13:36 -0600

An international study recently published in the Traffic Injury Prevention Journal found that sending text messages on a cell phone leads to significant driving risks. Specifically, scientists concluded it was as dangerous as being 25% over the legal alcohol limit. The study also revealed that engaging in deep conversations while on a hands-free device was also dangerous. Those discussions that were more mundane did not appear to carry much if any driving risks.

The research relied on 12 volunteers who completed a series of driving tasks on two different days. The study assessed their braking, reaction time, speed deviation and lane changes. On one day the volunteers were asked to drive under four conditions: no phone use, simple conversation over a hands-free device, deep conversation over hands-free device and text messaging.

The next day the same volunteers were asked to drink alcohol to reach three specific BAC levels: 0.04, 0.07 and 0.10. The results revealed that the driving skills of volunteers declined equally among those who were 25% above the legal limit (0.10) and those who used their phone to text message. The study found that those using hands-free phones for simple conversations had a comparable BAC of 0.04 while those engaged in more involved conversations drove as if they had a BAC of 0.07.

The study concluded that even the use of hands-free devices can put drivers and others on roadways at risk of injury or death by causing distracted driving accidents. Making calls by themselves does not appear to be the problem, as simple conversations did not lead to a dramatically increased risk of trouble. Instead, it's those conversations that are especially cognitively demanding, whether by phone or text, that represent real worries.

MS Supreme Court Sides With Death Row Inmate Over Worries About "Fruit Of The Poisonous Tree"

Mon, 18 Feb 2013 15:19:39 -0600

The Mississippi Supreme Court recently issued an opinion saying it wants to know why a lower court judge permitted one incriminating statement to be entered into evidence after tossing out two other statements given by the same sedated suspect.

The case, involving a statement by Jason Lee Keller, was sent back to Harrison County Circuit Court for a rehearing on the issue of admitting the third statement into the record. The Mississippi Supreme Court ordered that the lower court judge determine whether the third statement was coerced by authorities, given that the same judge determined the first two statements were.

Keller was sentenced to death for the murder of a woman in 2007 after he robbed the convenience store she owned. Keller's attorney argued before the Supreme Court last week that the statement, which had been admitted during the original trial, should not have been struck given that Keller was on powerful painkillers at the time of the police interrogation. The lower court judge ruled that two statements obtained during the previous interrogations were not given voluntarily and thus excluded from evidence.

Keller's attorney argued that the third statement, obtained during a separate interrogation that took place 14 hours after the first questioning, ought to be excluded given that it was fruit of the poisonous tree. The defense attorney argued that the interrogation only took place as a continuation of the earlier interrogations and relied on information obtained in those earlier interrogations.

The "fruit of the poisonous tree" is a legal doctrine which stands for the idea that any evidence that was obtained from an illegal search, arrest or interrogation will be deemed inadmissible in court. This means that the not only is the illegally obtained evidence excluded from court, but any and all evidence that resulted from knowing that tainted information.

For their part, the prosecution claims Keller signed a waiver and agreed to be interviewed by officers before any questioning took place. Prosecutors further argued that there was no evidence Keller was impaired by any painkillers.

The Supreme Court clearly felt troubled by the ruling, voting 7-2 that the trial judge failed to provide a sufficient rationale for allowing the third statement. The Court ordered the lower court to reconsider whether any statements were obtained involuntarily and, if so, to trace those statements to see if information gotten from the unlawfully obtained statements led authorities to question Keller in later instances.