By Philip Stroud on January 6, 2011 9:43 PM | Permalink

Southaven, Horn Lake, Olive Branch and Hernando residents that routinely visit establishments in Memphis, TN need to be aware of recent changes to TN laws regarding DUI or driving under the influence.

On January 1, 2011, new DUI laws went into effect in Tennessee. The new laws require convicted DUI offenders who have a blood alcohol content of .15 or higher to install an ignition interlock device in their vehicle in order to have a restricted driver’s license. Ignition interlocks require the driver to blow into a device to detect any alcohol use. If it detects alcohol the engine will not start. Other notable changes: the ignition locks will also be required if a minor was in your car at the time of the offense; you were involved in an alcohol-related wreck; or you violate the implied consent law. DUI fines will also be increased to cover the cost of installing, monitoring and removing the ignition devices from vehicles. These are the highlights from theSenate Bill No.2965 to amend the Tennessee Code which was passed and approved in May of 2010.

Mothers Against Drunk Driving is pushing for even tougher laws to be added in Tennessee as well as other states. The organization does support the use of ignition interlock devices, but did not support the Tennessee law in its current form because leaders feel it falls short of MADD’s goals. “Which is to mandate is to mandate ignition interlocks for all convicted DUI offenders,” explains Laura Dial, the executive director of MADD in Tennessee. MADD said that high BAC limits for the ignition devices, like Tennessee’s .15 or higher, has not proven effective in other states, but that in states with all-offender laws in place for anyone convicted of DUI, alcohol-related fatalities dropped by as much 30 percent.

With continued pressure from advocacy groups such as MADD, and politicians looking for ways to appear “tough on crime”, these types of changes to the DUI law will likely continue in years to come. These types of changes make it more important than ever to find quality representation from an experienced DUI attorney. The law is becoming more complex and the punishment and repercussions of a DUI conviction are becoming increasingly severe.

By Philip Stroud on December 17, 2010 7:58 PM | Permalink

Desoto County, Mississippi Drug Court is an alternative to prison for people who have been convicted of a non-violent felony crime as a result of an underlying drug addiction. The drug court gives potential inmates a second chance by offering the option of kicking drugs instead of spending time in the state penitentiary. Keeping them out of prison also saves taxpayers money and reduces the strain on the already overcrowded prison system. Circuit Court Judge Robert “Bobby” Chamberlin saw a need for a drug court in the 17th Circuit Court District and started accepting participants into the program in DeSoto County in August 2006.

The program takes a minimum of three years and up to five years to complete. Last year, 13 people graduated from the first drug court class. This year, 23 people graduated from the program and enrollment in the program has increased with 236 active participants. “Just throwing people in jail doesn’t work,” said Craig Sheley, coordinator of the 17th District Drug Court. “The reality of it is most of the people we see are really good people who have just gotten caught in the cycle of addiction. Once you get them clean and sober they want to quit.” To complete the program, participants must remain clean and sober for 36 consecutive months. They must complete these 36 months within five years of beginning the program. So far, only twenty percent of the people who have started the program have failed to complete it.

In addition to these positive rehabilitation numbers, the 17th District Drug Court appears to be working on the fiscal front as well. It has already saved taxpayers approximately $1,481,535. Each participant, had they not gone through the drug court program, would have cost an average of $41 per day to house, feed and care for in the state penitentiary. So the three years each drug court graduate spent in the program, had they been in prison, would have cost the state $44,895 each. Each participant must also pay $100 per month to cover the costs of the drug court program.

As local Desoto County, MS attorneys, we see how the benefits of alternative programs such as the 17th District Drug Court can positively affect our community. We applaud the Drug Court for its success thus far, and hope to see these programs continue making a positive impact not only on the Desoto County, MS residents, but also on all taxpaying citizens of the State of Mississippi.

“Drug Court saves lives, money” by JB Clark, The Desoto Times, Thursday, December 16, 2010

By Philip Stroud on December 16, 2010 5:09 PM | Permalink

According to ABC 24 News in Memphis, TN, Cannon Smith, quarterback for the University of Memphis football team and son of FedEx founder and CEO Frederick Smith, was arrested early Wednesday morning on charges of public intoxication and disorderly conduct after an incident on Beale Street. Smith was booked into the Shelby County Jail at approximately 4 a.m., and, according to court records, he was later released on $100 bond.

Sgt. Alyssa Macon-Moore, a spokeswoman for the Memphis Police Department, provided this police description of the incident: At about 3:20 a.m., officers from the South Main Station were called to Second and Beale because of a disturbance. They determined that a man later identified as Smith refused to pay a cab fare. When questioned by officers, Smith challenged them to a fight. He then paid the cab driver, but began cursing and threatening officers and refused to leave the scene. The officers arrested Smith and the investigation continues.

A former quarterback at Christian Brothers High and Olive Branch High School, Smith originally committed to Ole Miss out of high school before attending Hargrave Military Academy and University of Miami on his way to Memphis. During his senior season at Olive Branch, he passed for 2,314 yards and 27 touchdowns.

Disorderly conduct and public intoxication charges are examples of misdemeanors that can carry jail time and large fines. If you have been charged with a disorderly conduct, public intoxication or any other misdemeanor offense in the North Mississippi, Desoto County area, contact the Desoto County, MS criminal defense lawyers at Stroud Law Firm in Southaven, MS for a free consultation.

By Philip Stroud on December 1, 2010 5:13 PM | Permalink

Southaven DUI arrests reflect the increase statewide in Mississippi, in part to citizens taking action by calling in tips to police on their cell phones. “People continually are calling in now somebody weaving in the roadway things like that so we get a lot of those calls.” said Southaven Police Chief Tom Long. Southaven has counted 50 more drunk driving arrests this year, and along with that increase in arrests , Long says his officers are getting more convictions in court too, thanks to witnesses with cell phones.

Along with help from citizens, police departments are devoting more resources to drunk driving, as Olive Branch did recently. DeSoto County Sheriff Bill Rasco also added an additional officer to his DUI detail. Mississippi has long been known as one of the worst states in the nation for its high numbers of alcohol-related deaths, but deaths have decreased for 2010. Mississippi is projected to have only about 232 cases this year, down almost 40 percent from the 384 cases reported in 2007.

In addition to the increase in DUI arrests and convictions in Southaven and across Mississippi, the Mothers Against Drunk Driving group is now lobbying to encourage Mississippi to follow the lead of Arkansas and adopt an ignition interlock device for those convicted of drunk driving. This would require people found convicted of DUI to pass a breathalyzer test before they can start their cars.

Now, more than ever, it is very important not to drive after drinking. However, if you are wrongfully charged with a DUI, it is extremely important for you to consult with a Southaven DUI attorney to help you aggressively fight your case. DUI convictions can result not only in jail time, but also have serious effects on your car insurance, your job, and your life.

“Cell Phones Help Increase DUI Arrests” by Dennis Turner, WREG TV NEWS, November 30, 2010

By Philip Stroud on August 9, 2010 9:59 PM | Permalink

As a part of the national “Over the Limit, Under Arrest” campaign, Olive Branch Police Department is launching an intensive campaign to crack down on DUI or driving under the influence. Olive Branch saw 147 DUI arrests last year, and 22 motor vehicle accidents with a driver confirmed to be alcohol impaired. Nationally, 32 percent of fatalities in motor vehicle accidents involve a driver with a blood alcohol content of .08 or higher. “All too often, innocent, law-abiding people suffer tragic consequences and the loss of loved ones due to this careless disregard for human life,” said Olive Branch Police Chief Don Gammage. “Because we’re committed to ending the carnage, we’re intensifying enforcement during the crackdown.”

Officers will conduct DUI specific checkpoints, and areas such as Goodman Road near Davidson, State Hwy. 178 near Old Craft Road, Goodman Road near Alexander and State Hwy. 305 near Church Road will be patrolled heavily, especially during high-risk nighttime hours reports the DeSoto Times-Tribune. During the crackdown period, Aug. 20 through Sept. 6, officers will arrest anyone they find driving impaired, no one will get off with a warning. “Our message is simple,” said Gammage. “If we find you driving impaired, we will arrest you. No exceptions. ”

According to the Olive Branch Police Department, violators often face jail time, loss of their driver’s license, increased insurance rates, attorney fees, court costs, lost time at work and potential job loss. “Driving impaired is simply not worth all the consequences. So don’t take the chance,” Police Chief Gammage said. “Remember, if you are over the limit, you’re under arrest.” Because of this, if you or anyone you know is charged with a DUI, it is very important to seek the representation of an experienced Mississippi DUI attorney to aggressively protect your best interests.

By Philip Stroud on June 24, 2010 5:13 PM | Permalink

Shoplifting in Southaven, Mississippi lands a man in prison for life, without the possibility of parole. 44-year-old Darnell Wilson will serve three life sentences in Mississippi handed down to him on Tuesday, June 22, 2010 by a DeSoto County judge. The ruling stems from an incident in August, 2009 in which Wilson was arrested after stealing $900 in merchandise from a Kohl’s department store in Southaven, MS, and subsequently led police on a pursuit into Tennessee, injuring an officer in the process.

The sentence seems harsh to some, but DeSoto County Assistant District Attorney, Smith Murphey disagrees, stating ” the life sentence is not only justified, it was long overdue.” Murphey says, “It’s not just shoplifting, the endangerment of hundreds of people on Goodman Road. Anybody who’s driven down Goodman at 5:00 on a Friday knows the traffic. And for anybody to go down that road at 80 miles an hour, it’s reckless. A willful disregard for the value of human life.”

A DeSoto County jury convicted Wilson of three felonies; grand larceny, fleeing and assault on an officer. Wilson now has 19 total arrests, and seven felony convictions. That’s why Murphey says, when Wilson stepped into Mississippi, he wasn’t about to let him leave, “Habitual criminals are not going to be tolerated and this is a prime example. Mr. Wilson was arrested 18 times in Tennessee, he was arrested one time in Mississippi. I think the message and lesson is clear; the criminals need to stay out of Mississippi.”
In Mississippi, with two or more prior felonies, and at least one year in jail, a life sentence is actually mandatory by the court, unless a judge finds the sentence inappropriate. Although the severity of the penalties in this particular case may be subject to debate or disagreement, one thing is clear: Anyone who has been arrested for shoplifting in Mississippi should take the charges very seriously, and consult with a qualified Mississippi criminal defense attorney to aggressively defend your case. Though it may be an extreme example, Mr. Wilson’s case shows what can happen when arrests and convictions accumulate on a person’s record.

Reported by: Joy Lambert Email: [email protected] Print Story Published: 6/23