Mississippi Lawyer Blog

Although this is not related to any legal issue, please allow a proud Dad to share some news about his son. The Mullins family (me, Wendy and Gavin) recently attended a Cleveland Browns football game in Cleveland. I am a lifelong Browns fan as was my Dad, Jake. Gavin started liking the Browns when he was probably 3 or 4. Wendy had arranged to have Gavin go onto the field and retrieve the kicking tee after the second half kick. It was also a treat for me as I got to accompany Gavin through the players' tunnel and out onto the field. It was a great experience and Gavin was written up on the Browns' team website.

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" »

One of my favorite pastimes/distractions in the fall is to watch the Cleveland Browns play football with my son, Gavin. It's also a very painful endeavor since the Browns have struggled mightily over the last decade and are only one of a four teams who have never appeared in a Super Bowl.

Recently, the Browns received bad news off the field as opposed to the usual bad news they receive on it. An Ohio Appeals Court ruled that former player, LeCharles Bentley, could sue the team for staph injury he received at the team facility. Bentley, a huge free agent pickup for the Browns, never even played a down for the team. He suffered a career ending injury on the very first play of training camp during a non-contact drill. Such is the Browns' luck.

Continue reading "Court allows Former Browns Player to Sue Team" »

As the NFL lockout enters its 116th day, the 8th Circuit Court of Appeals handed the owners more ammunition it the bargaining process. Now, many legal analysts from around the country have predicted this outcome. But, it wasn't because of the strength of the owner's legal position but because the 8th Circuit is deemed to be more "business friendly" because two of three judges hearing the case were appointed by Republican presidents.

Now, let's think about that. Isn't it scary that Instead of looking at the merits of a case its the politics which determine the outcome? It's scary but true. I'm not saying that the 8th Circuit judges who voted in favor of the owners did this but I do think it happens a lot in our country. I just want a judge, or judges, who call "balls and strikes" fairly. Don't decide cases based upon your political views or how it will hurt your chances for re-election. Being a judge is tough and it requires making tough decisions.

Continue reading "8th Circuit Court of Appeals Sides with Owners in NFL Lockout" »