Many call it a “technicality” or “paperwork”, but what Desoto County sheriff’s deputies found out in court Monday is that proper procedure must be followed for Mississippi DUI arrests in Mississippi.
“Every so often, the Attorney General and State Auditor prescribe a new DUI ticket form. This was implemented July of last year,” says Shirley Beshears, Desoto County Justice Court Clerk. But it took months for DeSoto County to get the new tickets, and deputies continued using old forms. When the cases came to court, defense attorneys called for dismissal saying the Uniform Traffic Ticket Statute had been violated. Judge Karen Sanders agreed and Monday morning dismissed four DUI cases and the suspects arrested for DUI were let go.
Many residents in DeSoto County MS disagree with this decision. “The courts should never throw something like that out. I know people who have had their lives taken due to drunk drivers,” says Amber Papageorgeon of Southaven MS. Another Southaven MS resident, Mike Stroupe, shares a similar opinion, “It’s sad when you let a little paperwork keep justice from being served and keep city streets safe.”
The Desoto County Sheriff says the tickets were written late last year and should have gone to court in January, but there were continuous delays. Desoto County’s Prosecutor says he will look at the judge’s ruling to see if the old tickets could be amended and re-issued. Four cases already dismissed and there may be more to come.
Although some may disagree with the outcome, these DUI cases highlight the importance of having the representation of a experienced Southaven MS DUI attorney. If you face a Mississippi DUI charge, you are probably worried about going to jail and losing your drivers’ license, which can ultimately effect your family, your criminal record, and your financial security. If you are like most people you are probably overwhelmed by the complexity of Mississippi DUI law and the legal process. Call a MS drunk driving defense lawyer for a free initial consultation, and insure that you are doing everything possible to protect yourself.
“Desoto County DUI Cases Thrown Out on Technicality” by April Thompson, WREG News3 , May 17, 2010.