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Asiento asignado por el Registro Nacional de Asociaciones Español: Grupo 1º, Sección 1ª, Numero 600121 - NIF: G76556646 ...

Mississippi Drugged Driving

In Mississippi, a person is guilty of a DUI if he or she to drives (1) while under the influence of any substance which has impaired such person's ability to operate a motor vehicle, OR (2) while under the influence of a drug which is unlawful to possess under the Mississippi Controlled Substances Law. Miss. Code Ann. §§ 63-11-30(1)(b),(d)(West 2009).

Implied Consent

  • Any person who operates a motor vehicle upon the public highways, public roads and streets of this Mississippi shall be deemed to have given his consent to chemical tests of his breath, blood or urine for the purpose of determining the presence in his body of any other substance which would impair a person's ability to operate a motor vehicle. Id. § 63-11-5(1).

  • Refusal shall result in driver's license suspension for 90 days. Id. § 63-11-5(2).

  • Any person arrested for refusal to submit to chemical tests under shall be informed that he has the right to telephone for the purpose of requesting legal or medical assistance immediately after being booked. Id. § 63-11-5(4).

  • Evidence of defendant's refusal of test is admissible. Price v. State, 752 So. 2d 1070 (Miss. Ct. App. 1999).

Penalties

NOTE: Minimum penalties shall not be reduced.

  • First offense - fine of not less than $250, nor more than $1,000, OR imprisonment for not more than 48 hours, or both (the court may substitute attendance at a victim impact panel instead of 48 hours in jail); suspension of driving privileges for at least 90 days (privileges may be reinstated due to hardship, but not until 30 days have elapsed from effective date of suspension). Miss. Code Ann. § 63-11-30(2)(a) (West 2009).

  • Second offense (within 5 years) - fine of not less than $600 nor more than $1,500; imprisonment for not less than 5 days, nor more than 1 year; community service for not less than 10 days, nor more than 1 year; license suspension for 2 years; offenders vehicle may be subject to impoundment; offender will be subject to an in-depth diagnostic assessment to determine whether treatment is required. Id. § 63-11-30(2)(d); Id. § 63-11-30(2)(b).

  • Third offense (within 5 years) felony - fine of not less than $2,000, nor more than $5,000; imprisonment for not less than 1 year nor more than 5 years; offenders vehicle will be seized; license suspension for 5 years. Id. § 63-11-30(2)(c).

Sobriety Checkpoints

In Mississippi, law enforcement officials are entitled to conduct sobriety checkpoints under the federal Constitution.

Police officers checking driver's licenses of all passing motorists did not violate constitutional rights. Police officers, with experience in drug recognition, smelled burned marijuana in vehicle and had probable cause to search vehicle. Miller v. State, 373 So.2d 1004 (Miss. 1979).

Case Law

Price v. State, 752 So. 2d 1070 (1999) -- Evidence of defendant's refusal of test is permissible argument for prosecutor on closing.

Beal v. State, 958 So.2d 254 (2007) -- Evidence was sufficient to support conviction for DUI notwithstanding the fact that officer allowed defendant to drive from scene after receiving a call requesting assistance at an accident; officer observed marijuana on defendant's clothing and noted that defendant's eyes were bloodshot and that defendant stated that he had smoked marijuana a short time before the stop.

Mississippi Penalties


Incarceration


Fine

Possession

30 g or less (first offense)

misdemeanor (summons only, no arrest)

none

$100 - $250

30 to 250 g

felony

3 years

$3,000

250 to 500 g

felony

2 - 8 years

$50,000

500 g to 5 kg

felony

6 - 24 years

$500,000

5 kg or more

felony

10 - 30 years

$1,000,000

30g or less within a motor vehicle (except trunk)

misdemeanor

90 days

$1,000

Sale

Less than 1 oz

felony

3 years

$3,000

1 oz to 1 kg

felony

20 years

$30,000

1 kg to 10 lbs

felony

30 years

$5,000 - $1,000,000

More than 10 lbs

felony

life without parole

variable

To a minor

felony

double penalty

double penalty

Within 1,500 feet of school, church and other specified areas

felony

double penalty

double penalty

Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)

Second and subsequent offenses double first offense penalties.
Any conviction causes driver's license suspension for 6 months.
Possession of paraphernalia is a misdemeanor punishable by up to a $500 fine and up to six months in jail.  However, a paraphernalia charge may not be brought if the person is also charged with possession of less than one ounce of marijuana.

 

Details

 

Possession of 30 grams or less of marijuana is punishable by a fine of $100 - $250 for the first offense. For possession of greater than 30 grams the penalty increases to a fine of up to $3,000 and up to three years in prison. The penalty for possession of 250 grams or more is 2 - 8 years in prison and a fine up to $50,000. For possession of 500 grams or more the penalty is 6 - 24 years in prison and a fine up to $500,000. For possession of 5 kilograms or greater the penalty is 10 -30 years in prison and a fine up to $1,000,000. There are additional penalties for possession in any part of a motor vehicle except the trunk.

Sale or delivery of less than one ounce is punishable by up to three years in prison and a fine up to $3,000. Sale of one ounce or more is punishable by up to 20 years in prison and a fine up to $30,000. For sale of one kilogram or more the penalty is up to 30 years in prison and a fine of $5,000 - $1,000,000. For sale of more than 10 pounds, the penalty is life in prison without the possibility of parole.

Sale to a minor doubles the penalty. Sale within 1,500 feet of the buildings of a school, church, public park, ballpark, gymnasium, youth center, or movie theater also doubles the penalties available.

Possession of 30 grams or less of marijuana in the passenger compartment of a car is a misdemeanor with a fine of no more than $1000 and no more than 90 days in county jail.

For second or subsequent offenses of over 30 grams of marijuana the penalty increases to twice the amount available to first offenders.  A second conviction within two years for possession of 30 grams or less carries a fine of $250 and not less than 5 or more than 60 days in county jail.

For drug convictions, the offender's driver's license is suspended for six months.

 

 

 



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