Legal Question in Criminal Law in Mississippi

DUI with accident & concussion

I was recently charged with a dui following an accident. I was reaching for a cigarette & when I looked up there was a car stopped in front of me at a traffic light. I had a few drinks prior. I was going 20-25 mph. I didn't have my seatbelt on. I drove the steering wheel through my dashboard & busted out the windshield with my head. I know I had a concussion but didn't go to the hospital. The police threw me in the car & took me to jail. I didn't receive any medical treatment. When asked to perform FST's & breath test I said I would, but not until I talked to an attorney. They charged me under the implied consent law & also with a DUI. I don't remember much about it and told both officers several times that I was almost knocked out from the impact of the wreck. I was asked if I wanted medical attention and responded, I don't think so, I don't know. I was obviously not in a frame of mind to either submit to a test or know if I needed medical attention. Help please!!!!


Asked on 2/11/99, 2:09 am

1 Answer from Attorneys

Mark Sullivan Mark R. Sullivan - Attorney at Law

Re: DUI with accident & concussion

I am licensed in Montana and cannot advise you as to Mississippi law. Generally speaking, you may have some issues that could be raised concerning consent, ability to perform FSTS and/or answering questions. In most states, you are not entitled to an attorney prior to performing FSTs or taking the breath test. I don't know if that is the case in Mississippi. I suggest you contact an experienced DUI attorney. I know of two in Mississippi who are among the best in the country. Please e-mail me privately for their names if you wish. You need experienced competent legal help as DUI law is complicated and has many pitfalls for the unwary. You must act fast!! Usually the time limit to contest the implied consent law is very short. Good Luck!!

Mark Sullivan

Mark R. Sullivan - Attorney at Law

1204 1st Ave. E, Ste. A


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Answered on 2/11/99, 7:23 pm


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