Mississippi Lawyer Blog

I cannot tell you how many times I have received a call and the voice at the other end says "hey, I have a warrant for my arrest. What should I do?" I always tell my brother to calm down and take his meds. (I kid, my brother is in his 50's and has never had so much as a traffic ticket). The caller did the first thing you should always do when you are in trouble: speak with a qualified criminal defense attorney.

In this situation, I always advise the client that he will need to turn himself into the police immediately. However, depending on the case, we will attempt to call and set a bail for our client so their time in jail will be minimal. I will also call and speak with the police and advise them that our client is going to surrender himself and request that he not be interviewed. (It's not a bad idea to put this in writing either).

Finally, and most importantly, I drill it into my client's head to never speak with the police about his case. You know on those t.v. crime shows when they tell criminals "anything you say can and will be used against you in a court of law"? Well, they are serious about that! When you are arrested don't say anything!

Continue reading "What should you do in Mississippi if the police have a warrant for your arrest?" »

"It's beginning to look a lot like Christmas,
everywhere you go.
Police have DUI checkpoints all around
and soon you will be found.
With field sobriety tests and machines in which to blow."

Yes, Virginia there is a Santa Claus. And you can bet he won't be taking taking the edge off before he departs on his annual trip to deliver presents. Why? Because he knows the police will have DUI checkpoints all around Madison, Hinds and Rankin Counties during the holidays.

It's not a big secret that police departments set up DUI roadblocks during holidays. They know that people will be out imbibing at holiday parties and then driving. I've got two surefire ways for you to beat a DUI in Mississippi and I'm willing to share it with you right now.

First, don't drink and drive. Second, if you do choose to drink simply call a cab. You'll put all the DUI lawyers, like me, out of business but on the bright side you'll reduce the risk of getting arrested or killing someone. I can live with that.

Continue reading "How to beat DUI's in Mississippi" »

I usually like to write entries that are light hearted and amusing (at least to me). But this is a very somber article because it deals with the loss of children. The Clarion Ledger had an article today discussing driving accidents involving teenagers and young persons in general. The Jackson, Mississippi area has been devastated recently with car and truck accidents involving young people. The families of those lost will feel this pain for as long as they are alive. As a parent of a soon-to-be driver I am already worried about my son driving. So what can we do to help our children become better drivers?

-First and foremost, no cell phones/texting while driving! Studies have shown that texting while driving is more dangerous than being under the influence of alcohol.

-Absolutely zero drinking and driving. Parents who allow their underage children to drink, and yes there are some that do, are not only encouraging poor decision making but are also endangering their children's lives and those who ride in a car with them or those of us on the highways.

-Reduce night driving. A recent study showed that driving more than 3 hours at night have the same effect as drinking. This is especially relevant during the holidays as we have so many college students coming home for Christmas break.

-Wear seatbelts at all times. And this goes for the passengers as well. How many times do we have to read about an accident where the occupants were ejected from the car because they weren't wearing their seatbelts? Buckle up!

Continue reading "Mississippi Teens' Car Accident Stats Grim" »

Suppose you are studying for a big test and you receive an email from the teacher supplying you with a copy of the test you will be taking the next day. It would make things a lot easier huh? Well, apparently that's what happened for some Mississippi State Troopers who were studying to take their promotion tests. As a result of the incident, 16 troopers and supervisors have been placed on administrative leave pending an investigation.

So, this got me to thinking. As a criminal defense attorney who routinely defends cases brought by Mississippi State Troopers, shouldn't I have access to which troopers were suspended? If a trooper would cheat or lie to take a promotion test then I think it greatly affects his credibility as a witness. In most DUI cases, the only testimony used by the State is that of the police officer. The officer will testify that the driver's car was "swerving" thus justifying the stop. The officer will then testify that the driver smelled of alcohol, had slurred speech, impaired coordination, and appeared to be drunk. If the driver refuses to take the test (which I recommend), then the only evidence of impaired driving is police officer's word. If it is then revealed that this same officer, sworn to uphold the law, stooped so low as to cheat on a promotion test I think it would result in a "not guilty" verdict in most DUI cases.

I would think that I'm not the only lawyer in Mississippi who has thought of this. I'm sure that we will see dozens of DUI tickets being dismissed because of what is being called "Troopergate". (Seriously, why can't the media be more creative? We still use "gate" at the end of almost every scandal. Why don't we use "water"? Trooperwater? Watertrooper? Oh, well I guess that doesn't make sense.)

Continue reading "How the Mississippi State Trooper Scandal Could Affect Crminal Cases" »

I hate the Steelers. Always have, always will. But there's a lesson to be learned from Steelers' wide reciever Hines Ward latest DUI arrest.

Hines was stopped in the early morning hours by Atlanta police driving his Ashton Martin. He admitted to drinking "two beers" (why is it always "two beers"?) earlier in the evening. Ward then agreed to take field sobriety tests. The officer said that Ward "failed" the tests. He was then arrested and charged with DUI.

First and foremost, Ward shouldn't have been drinking and driving. We all know that. But if you're going to have a beer and drive, leave the fancy Aston Martin at home and drive something less snazzy. Maybe a BMW or Mercedes. Also, if you're out at 2:30 a.m. in an Aston Martin, chances are a cop is going to pull you over just to make sure the car isn't stolen.

During the police encounter, Ward incriminated himself by admitting that he had beer earlier in the evening. That makes the Government's job easier when they prosecute him. If you have been drinking and are stopped by police, don't admit to drinking anything. Don't lie and say you haven't either. Just ask for your lawyer. (That's me by the way)

Lastly, Ward took the Field Sobriety Tests and apparently one of them wasn't even "standardized". (The "alphabet test" is not one of the approved standardized field sobriety tests) Look, when you're pulled over by the police and you've had a couple of beer, you're going to be nervous. Why agree to perform a series of balancing tests in the middle of the night on the side of the road while blue lights pulse around you like you're in some LA nightclub? Politely, and I mean politely, decline the officer's request to take the test and again ask for your lawyer. Maybe Hines thought he could pass the tests with those moves he used to win Dancing with the Stars?

Continue reading "Pittsburgh Steelers star Hines Ward Arrest Provides Lesson for Mississippi DUI Clients" »

On April 5, 2011 I tried a DUI (driving under the influence) case in the Florence Mississippi Municipal Court. My client was involved in a single car accident in the early morning hours. Police and emergency personnel came to the scene and found that my client had been ejected from his vehicle. The paramedics transported my client to University Hospital for treatment. Fortunately, my client suffered only minor injuries and was discharged the next day.

While at the hospital, nurses took blood and urine samples for medical diagnostic purposes. A few weeks after my client was discharged, the Florence police department obtained my client's medical records through a Grand Jury Subpoena Duces Tecum. This was a very unusual procedure since my client was not going to be charged with a felony, which is what a grand jury investigates. Nonetheless, the medical records were delivered to the police department and my client was charged based upon the blood test performed on him.

At trial, the prosecutor attempted to introduce the medical records to show that my client's blood alcohol content was above the legal limit. I objected for various reasons including improper use of the grand jury, hearsay, the medical records were privileged, and violation of the 6th amendment right to cross examine the medical personnel who had performed the blood test.

The judge allowed the medical records in evidence to my surprise and disappointment. The prosecutor did not call the medical doctor who analyzed the blood and rested after the police officer testified.

I argued that the DUI charge must be dismissed for the reasons stated above and because the State failed to show that the blood test was performed pursuant to the requirements of Mississippi law. The blood test was also flawed, I argued, because the blood test was performed on serum and not whole blood. Alcohol serum tests produce false alcohol readings.

The trial judge agreed with some part of my argument (he didn't say which one) and dismissed the case. I was fortunate to have a trial judge who understood the law and was not afraid to apply it properly.

While waiting to try my case, I was fortunate to watch a citizen defend himself on a DUI second offense which carries up to 1 year in jail and a minimum sentence of 5 days in jail. The man was stopped for failing to dim his headlights. The arresting officer noted that the man had no problem operating his vehicle. The officer also noted that the man was able to exit his vehicle and walk without any problem.

Continue reading "Not Guilty Verdict in Recent Rankin County DUI trial " »

Ahhh yes. We are once again nearing that special time when kids of all ages get to experience Spring Break! But some "kids" enjoy Spring Break entirely too much. With thousands of college aged kids headed south with coolers full of six packs of bee..I mean cokes, the odds of getting arrested for DUI or being invovled in a car accident increase significantly.

I cannot tell you how many college Spring Breakers we have represented here in Mississippi who were stopped by the cops for minor traffic violations only to be found in possession of weed or other drugs. That really cut their fun short when they had to call Mom and Dad from jail to get bail money.

Tragedy often accompanies these bad decisions as well. In 2009, the National Highway Traffic Safety Administration reported that drunk driving claimed the lives of more than 10,000 motorists. Nationally, 32% of traffic fatalities for the year were alcohol related. Florida, a popular spring break destination, was over the national average, reporting 904 fatalities, or 35%, where at least one driver tested with a .01 BAC level. Alarmingly, 21% of fatalities occurred in Florida when the driver tested at a level of .15 or higher which is almost double the legal limit. The Fatality Analysis Reporting System used by the NHTSA reported March as the second most dangerous month when it comes to crashes involving alcohol.

Continue reading "Spring Break Time Means DUI's and Car Accidents" »

The best way to avoid a DUI in Jackson, Ridgeland, Madison, or any of the surrounding cities is to not drink and drive. But, what do you do if you have had a drink and you get stopped by the police? You have options, but none are going to be pleasant. I will tell you that in my opinion, no matter what the officer says to you to get you to cooperate with him and take the Field Sobriety Tests and the Intoxilizer tests, in almost every case the law enforcement officer will take you to jail if there is alcohol on your breath. You need to know that many police officers are vying to get a gold plated pin to wear on their uniform. They only get the gold platted pin if they make 100 DUI arrests in a year.

When you get stopped the police officer may ask you to blow in a portable breath test machine. This is a small hand-held device that informs the officer if there is alcohol on your breath. The "readout" or measurement is not admissible, but it is admissible to show the machine tested positive for alcohol. If the officer does not have a portable breath test machine, he may ask you to perform three (3) Field Sobriety Tests.

One of the tests is the Horizontal Gaze Nystagumus. The Officer places a pen in front of your face and asks you to follow the pen with your eyes while he checks on a jerking movement of the eyes caused by alcohol consumption. The next test is the Stand On One Leg Test. The last test is the Walk the Line Test. These are the only three (3) Field Sobriety Tests authorized by the National Highway Transportation and Safety Administration and the only tests taught to the DUI officers. Sometimes we see officers offering other tests, but other tests are not approved.

You have the choice and right to either perform these tests or not. Usually officers get very angry when you refuse to cooperate and take the tests. The officers can get hostile and may say many things to you in order to convince you to take the tests. You have to make the decision. Most attorneys have advised clients not to cooperate, but the hostility or persuasiveness of the officer often convinces many people to take the tests. You should remember that these tests are designed to allow the officer to build a case against you. If you should decide to take the tests you should try to remain calm and do your very best to perform the tests to the best of your ability. If you do not understand the instructions, be sure to ask the officer to repeat the instructions before you begin.

The Officer will also ask you what you had to drink when he stops you. This is also a very difficult decision. When an office smells alcohol on a person driving a car he is usually going to take the driver to jail. If you are asked what you had to drink, you may be better off asking to speak with your lawyer first before you answer any questions. If you admit to a few beers and a mixed drink, that is going to be enough alcohol to put you above .08% on the Intoxillzer 8000. I want to repeat again that officers can get very angry and hostile when they stop you at night and you don't answer their questions or perform the Field Sobriety Tests. You need to remember that you have the right not to answer the questions and not to perform the tests should you choose.

Being on the side of road surrounded by one or more police officers can be an intimidating situation for almost everyone. It can make a person nervous and cause one to perform poorly on the Field Sobriety Tests. In addition, the hostility of the officer on the scene can also make a person nervous. I have seen police offices in Court attempt to perform the Field Sobriety Tests and fail. I cannot tell you what to do at night if you are stopped by the police and suspected of DUI. I can only tell you what your rights are, and I can say that in my thirty (30) years experience if the police officer smells alcohol, you are going to jail and you will be charged with DUI even if you pass the Field Sobriety Tests.

I will follow up this post with a third in this series on what to do after the officer puts you under arrest.

Continue reading "Driving Under The Influence in Madison County, Mississippi-Part 2" »

Driving under the influence of drugs or alcohol has become one of the most frequently committed crimes in Ridgeland, the City of Madison, and other surrounding communities. The docket sheet in the Madison County Jail lists DUI as the most frequently committed offense. I want to clear up some misunderstandings about DUI.

First, DUI does not mean you are falling down drunk. DUI does not mean that you are so drunk you are blind. DUI is not what you think it is. The law defines DUI as having a blood alcohol content greater than .08 as measured by the approved machine, which currently is the Intoxilizer 8000. If there is no DUI test result then it is driving under the influence of alcohol or drugs that have impaired your ability to safely operate a motor vehicle.

I have been practicing law and defending DUI cases for thirty (30) years. When a Miss. Supreme Court Judge got a DUI he called me. When the public official got his DUI he called me. Each week ordinary people call me and they say the same thing, which is: "I wasn't drunk." I am required to tell them that you can get a DUI for being drunk, but you are more likely to get a DUI for being under the influence. Being drunk and being under the influence are the same thing. So many people go out to dinner and have a few drinks and they feel they can drive because they are not falling down drunk. They may in fact be good drivers. Perhaps the alcohol has not been fully absorbed into the blood stream. But when you get stopped and an officer smells alcohol on you, I guarantee you that 99.999 times out of 100, you are going to jail.

What is the best thing to do to avoid a DUI? What is the one sure way to beat that DUI? Don't drink any alcohol and drive! Is that impossible or unreasonable to you? It may be for many young people who go out frequently. But consider these facts. A good City of Ridgeland, Madison County, Mississippi DUI lawyer will cost between $2,500.00 to $10,000.00 depending on the experience, dedication, amount of work involved, and other such factors. Then there may be deposition costs and appeal costs that can run another $500.00. Just looking at the costs, a $30.00 taxi ride is starting to look attractive, isn't it? In the next post Driving Under The Influence In Mississippi-Part 2, I will talk more about what to do if you get stopped for DUI.

Driving under the influence is a serious crime. Once every year in Mississippi there is a serious, high profile crime by a person who is drunk. The facts follow a common pattern. The person who is drunk runs a stop sign, red light, or goes the wrong way on the Interstate, striking another car and either seriously injuring or killing one or more people. There is an arrest, indictment, numerous newspaper articles, and a public outcry. There is really no excuse for driving drunk. Everyone knows a friend who would be willing to come and get them if they called and said they had too much to drink. A cab would only cost about $30-$40 dollars, which is far cheaper than the fines and attorney costs for defending a DUI charge. More importantly, a cab ride may cost you a little money, but I can assure you it will not hurt as much in the morning as a ride in a police car to the State Prison if you get in a wreck and injure someone while you are drinking and driving.

I wrote in my past Blog Article about Driving Under the Influence and the Intoxilizer 8000 which is the machine used by Mississippi Law Enforcement to test the Blood-Breath ratio. If you take the Intoxilizer 8000 and register above a .08% you are going to be charged with DUI regardless of how you were driving. I have expressed my opinion on this subject before. The police need to catch drunk drivers who are a danger to the public. However, what I see every day are police officers who sit around during the evening and look for reasons to pull citizens over so they can take them to the police station and charge them with DUI. These officers are aiming for a gold, electro-plated pin for obtaining over 100 DUI arrests in a single year. The award is given out each year at a State Law Enforcement Banquet.

So the question is this: If you are out driving at night and get pulled over what are your rights? What do you have to do for the Officer? Do you have to take the roadside tests? The answer to these questions is no. But the answer is complicated and has consequences. First you need to understand that Mississippi makes it illegal to drive under the influence of alcohol or any other substance. People come into my office after being arrested and they say, "...but Mr. Coxwell, I was not drunk. There was nothing wrong with my driving. The officer pulled me over for no reason." When I talk with these clients, listen to them carefully, and look at all the facts, I can see that what they say if absolutely true. They were not driving carelessly, recklessly, or endangering anyone. But they were still arrested.

The situation around Madison County has gotten so bad that the Judges have had to declare that if a person is driving and the car is slightly moving inside their lane of traffic, that does not constitute careless driving. This was necessary because police officers were stopping people at night under the guise of weaving when the wheels of the car never crossed the center line or went off the road. It is impossible to drive a car in an absolutely straight line. Everyone is going to move around inside their lane of traffic. Many officers were more interested in getting arrests than protecting the public. Almost everyone has encountered these types of officers before at sometime.

So, if you are stopped at night what are your rights. First, you do not have to blow in a Portable Breath Test Machine. This is a small hand-held device that officers carry with them. It merely detects the presence of alcohol and gives the officer probable cause to take you to the police station ask you to blow in the Intoxilizer 8000. You also do not have to take the Field Sobriety Tests. I may sound cynical when I saw this but I have seen sober people fail the Field Sobriety Tests at night when an officer wants a DUI arrest. You have the right to refuse to take the Field Sobriety Tests. I will tell you that the officer(s) may get mad. I have been around police officers and have defended them many times over my 29 years of law practice. They are human. They are in positions of power and they believe that whatever they say goes without question. They want you to take these tests and they will often say whatever they think is necessary to get you to take the tests. Remember, you have the right to refuse. You should always be polite and respectful to a police officer. They have difficult jobs and they do deserve our respect. But on the same hand when they stop you at night for no reason, the decision on whether you want to cooperate in these tests is your decision and not the decision of the officer.

When you are stopped at night you should also remember that what you say to the officer matters. Police have the right to stop you at night if you commit a traffic violation or if they have a reasonable suspicion that you may have committed a crime. Once they stop you they can require you to produce your driver's license or other identification and they may make inquiries about your activities. Since you have only been briefly detained, the police do not have to give you the Miranda Rights. The Miranda Rights are required when you are in police custody and before they start questioning you about a crime. Traffic stops are different. At some point a traffic stop may go long enough that it becomes a detention, but the law does not require the police to read the Miranda Rights when they make a traffic stop. But anything you say to the police officer while he has you stopped may be admissible against you if you are arrested for a DUI. This is always a very difficult position for the citizen. The police have a right to ask you to produce your driver's license and they are going to ask you what you are doing out at night. The more you talk the more likely they may start questioning you about what you had to drink so they can formulate enough information to take you to the police station for DUI. If you refuse to answer any questions the police are going to feel their authority and power is being questioned, so they may get very angry. This is a situation where you must decide what rights you want to invoke.

In the above paragraph I described the citizen's choices. If you get stopped the police are going to start questioning you. You must give them your driver's license, registration, auto insurance. You do not have to admit to drinking. You do not have to take the Portable Breath Test. You do not have to take any Field Sobriety Tests. If you make the decision to exercise your rights and refuse the tests, understand that the police officer is not going to be happy with you. He is going to get mad. He may call another officer who also gets mad, or one officer may act mad, and the other officer act as if he is your friend. Their goal is to get you to do something or say something they can use against you in Court. I have found very few police officers who like it when a citizen decides to exercise his constitutional rights. When I have defended police officers for alleged wrongdoing, every one of them want the full protection of their constitutional rights. If you feel you have been wrongly stopped, are being unfairly treated, and you do not wish to help the officer with evidence he can use against you, then you will have to make the hard decision of whether to refuse the Portable Breath Test, the Field Sobriety Tests, and you will have to exercise extreme caution when talking with the officer. You may always request your right to speak with an attorney before answering any question about what you had to drink. The officer is not going to permit you to call a lawyer. He is in all probability going to arrest you for DUI, but the truth is he is going to arrest you for DUI anyway.

There is an old saying that goes, "You catch more fly with honey than vinegar." This means that no matter what you do on the street when you get stopped, be polite to the officer. You can invoke or use your rights, but do so politely. You can refuse the tests if you wish, that is your right, but do so politely. The officer will probably get very mad. Don't get mad or angry. Don't be cynical. Keep your cool and be polite. Often times the law enforcement officers have video cameras and body microphones that may be recording you during the stop. Our law firm has learned over the years that videotapes are often the citizen's best evidence against the exaggerations and misstatements made by many police during a traffic stop. We have won many DUI cases when the judge viewed the video and saw that it did not show a scene or a client in the condition testified to by the police officer. One other thing you should remember. Police officers almost always say that the person "smelled of alcohol, had bloodshot eyes, was unsteady on his feat, and slurred his words." When you get stopped be conscious of your physical behavior. Stand up straight. Don't lean back on the car. If you lean back the officer will say you had to lean on the car for balance. Speak clearly. Know where your driver's license, registration and insurance car are located in your car. If you have to look for them the officer may say you fumbled around looking for them and he will tell the Judge that to him this means you were under the influence.

When you get out at night and you have a few social drinks you are taking a big risk. There are many police that will stop you just because you are out late at night. They assume you are drinking and look at everything from that point on with an "evil eye" that sees you as someone under the influence. You must produce your driver's license, registration, and insurance card, but you do not have to take the Portable Breath Test, the Field Sobriety Test, or admit to any consumption of alcohol. These are your rights. Be prepared for a mad officer, but the real odds are are this: If the officer stopped you and suspects you have had a drink, you are going to jail anyway. Finally, be careful what you say. Anything you say may be used against you. There is no such thing as an "off the record conversation or statement" with an officer who is interested in arresting you.

My writings are designed to inform you of your rights. Whether you choose to exercise those rights, or do every single thing the police officer asks is completely up to you. These are your rights and choices. You can use them or lose them. I hope though after reading my series on DUI you will consider calling a cab if you have had a few drinks. A few drinks is more than enough to cause you to go over .08% on the Intoxilizer 8000. I will write more on this topic in the next day or so.

Coxwell & Associates is a law firm concentrating on limited areas of the law which include criminal defense, DUI, and serious accidents. Many lawyers advertise that they handle DUI. Coxwell & Associates is the firm that professionals, doctors, medical students, and a prior judge have sought out for representation. The firm practices all across Mississippi, with an office in Jackson, Hinds County, Mississippi. The attorneys practice in Madison and Rankin Counties as frequently as they practice in Hinds County.

In the newspaper Friday there was an article about a drunken driver who hit an elderly man crossing the street. The driver was so "out of it" that she did not even know she was dragging the elderly man under her truck. People on the street had to yell to get her attention. I think we all have to wonder how a person gets so drunk they can run over a person and not know it. It's cases like this that cause social drinkers all their problems. Does that make sense? Let's explore this issue together.

It is not illegal to drink and drive in Mississippi. It is not illegal to have alcohol on your breath. Yet, there are police officers out on the street who arrest everyone they stop when they smell alcohol. These officers are trying to get the most DUI arrests in a year. If an officer gets over 100 in a year, he gets a gold plated pin that he can wear on his uniform. Among police officers there is a sense of a challenge to see who can get the most DUI arrests each year. I have defended hundreds if not thousands of people charged with DUI over my 29 years. The majority of people were not under the influence. They were not drunk. They were not going to hit someone and kill them because of alcohol. Right now we are representing two people who were hit by drunk drivers. And I mean drunk drivers. These drunk drivers were so out of it that one did not even know he had an accident. Our office has filed a civil action (lawsuit) against both of these drunk drivers for the serious injuries they caused to our clients.

What is the answer to this problem. Ordinary people who go out to have a social drink get arrested, hauled to jail, and humiliated by police officers who look at their job with the attitude of "us against them." They view their job not as a "serve and protect job," but as a game of "bust them all." I have often thought that maybe we should have a zero tolerance for drinking and driving law. Let's just pass a law that says you can never drink and drive. No restaurant can serve alcohol. No lounge can serve alcohol. No charity or social event can serve alcohol. Whoa, you say that is unreasonable? Why? I don't have the answer to this problem. That is one suggestion. But to be honest with you it won't solve the problem. The person who has a social drink is not the person who crashes their car into another car or is not the person who hits a pedestrian. And the drunk is not the person who gives a flip about a zero tolerance law.

I will tell you bluntly, I don't know the answer. I know the restaurant association and other groups would strongly oppose a zero tolerance law. Why? It would hurt the money they make. Social groups and charities would not like the idea either. Why? Because lots of people like the taste of wine. They enjoy wine tastings. For many people these social functions are the only time they get out and have time free away from their children. They want let down their hair and have some fun. Is it acceptable to drink and drive? Well, I suppose that is a moral question and each person has an opinion on whether drinking is good or bad. I have had comments from people like this: "How can you represent a drunk driver." How can you represent a drunk driver and on another day represent someone who was seriously injured by a drunk driver." These are all good questions. I hope I can give you a satisfactory explanation.

Our system of justice is an Adversary System of Justice. I have written about this before in a Blog article. Our system of justice presumes both sides of an argument or legal position have zealous advocates who are presenting their positions. Through these adversaries it is believed the truth will emerge or at least be made available for the jury to determine what is just. So, we can represent different people, at different times, who may have opposing viewpoints on the same issue. Our duties as attorneys is to present our clients issues or positions with vigor and force. We may or may not personally believe in those positions. I have been helping people for over 29 years. After that many years I reserve for myself the right to accept the clients I want to represent and the clients that I know I can feel pure, unadulterated passion for when I go to Court. Representing a DUI client one day, and a victim of a drunk driver the next is not contradictory because I accept and take on the person, not the event!

Years ago I represented a drug agent who was accused of brutality and planting drugs on people he arrested. For years prior thereto I had represented hundreds of people charged with drug crimes. I made sure when I represented him there was no conflict between who he had arrested and clients I represented in the past. I accepted his case and treated him as a human with frailties, prejudices, a family man, and a law enforcement officer charged with a crime. In other words, I treated him the same way I would treat any other client. Representing people who get arrested for DUI and representing injured people who are hurt by drunk drivers is not inconsistent. Each person is an individual entitled to effective representation.

We are back to the DUI issues. I don't have the answer for the occasional drunk who hits and injures another person. A zero tolerance drinking and driving law will not stop that person. This is a policy decision that will have to be decided by the Legislature. I will say this to you. If you like to go out and have a social drink be very careful. There are cities like Ridgeland, Madison, Flowood, and Clinton who have officers who wait and watch for anyone out late at night. If you are DWL (driving while late) you are going to be pulled over. If you have the smell of alcohol on your breath the odds are you will be going to jail no matter how good you do on the Field Sobriety Test. I guess I could say: "Driver beware."

Coxwell & Associates is a law firm helping people who are seriously injured or who get arrested for criminal offenses. Four of the five attorneys work in these areas. Frank Coxell is the sole attorney who handles bankruptcy, predatory lending, and other consumer issues. Office number: 601-948-1600.