Children Outside of Marriage?

Parents that have children, and are not currently married to the father or mother of their child, should take time to consider having a Custody Agreement/Order in place. Often times, this consideration is put off because the relationship between the parents is working well and they are able to agree on decisions that are in the best interest of the child. It may even be the case that the parents are still in a loving relationship or plan to get married and do not see the need to "rock the boat". Individuals simply do not want to ask their partner to discuss plans in the event the relationship fails. Whatever the case may be, there is cause for concern if there is not a current Custody Agreement/Order in place.
Imagine a real life scenario: the father or mother of your child decides they are moving out of state and taking the child with them. Things may be fine for the first few visitations with your child but then the other parent begins to make excuses and decides it is too difficult to make travel accommodations and work out the visitation plan you both had envisioned and verbally agreed upon. If you now decide you want to have an agreement in place, you may be surprised and heartbroken to learn that you may have to travel to the state where your child now lives, hire an attorney in that state and attempt to reconcile the situation. In order to protect your children and ensure you do not find yourself in this position, or a similar one, call an experienced Mississippi Family Law Attorney.

DUI Did You Know: Implied Consent

Did you know that it is illegal in the state of Mississippi to drive, or otherwise operate a motor vehicle, if any person:

a. is under the influence of intoxicating liquor or other substance which has impaired the ability to operate a motor vehicle.

b. has .08% of alcohol in the blood for persons 21 years of age or older;

c. has .02% of alcohol in the blood for persons under 21 years of age, otherwise known as “zero tolerance”;

d. has .04% of alcohol for persons operating a commercial motor vehicle; all as determined by a chemical test of breath, blood, or urine.

What is Implied Consent?

Any person who has a valid driver’s license and operates a motor vehicle upon the public highways of this state shall be deemed to have given his consent to a chemical test or tests of his breath for the purpose of determining alcohol concentration.  Any person who fails to submit to a chemical test or tests of his breath upon notice given by a police officer that has reasonable grounds and probable cause to believe such person to have been driving a motor vehicle upon the public highways of the state of Mississippi while under the influence of intoxicating liquor shall have his or her license suspended for a period of ninety (90) days if that person has not been previously convicted. 

What does this mean for me?

The Implied Consent law basically means that upon obtaining your driver’s license, you agreed that you would comply with a police officer’s request to submit to a breathalyzer test.  With that being said, you still have rights.  You have the opportunity to refuse the test and be subjected to the applicable penalty of the automatic ninety (90) day license suspension.  You have ten (10) days from the date of your Department of Public Safety Notice of License Suspension letter to request a hearing with the Circuit or County Court where you received the DUI.  If you have received a DUI or would like more information, contact a qualified Mississippi DUI Attorney immediately.