Mississippi Traffic Violations

Felony Traffic Violations in Mississippi

Felony traffic violations in Mississippi encompass offenses that lead to serious injury, death, or significant property damage. Even misdemeanors or minor traffic infractions can escalate to felonies if extenuating cases, such as a death, are involved.

While traffic violations in Mississippi are managed locally, and the classification of felonies can vary between jurisdictions, certain offenses are commonly recognized as felonies throughout the state. These include:

• Vehicular manslaughter
• Multiple driving under the influence convictions
• Repeat offenses for operating a vehicle without a valid driver's license
• Reckless driving resulting in property damage or injury
• Hit-and-run incidents

Since felony violations endanger lives and property, the state and local jurisdictions impose severe penalties for those convicted. These include lengthy prison terms, hefty fines, and extended suspension or revocation of driving rights.

Traffic Misdemeanors in Mississippi

Traffic misdemeanors in Mississippi encompass a range of criminal offenses that lead to property damage or harm to individuals. These offenses carry penalties of fines and potential jail time. Distinct from felony traffic violations, misdemeanors entail shorter jail sentences and lesser fines.

According to Mississippi Code Section 63-9-11, individuals found guilty of misdemeanors face varying punishments based on the number of convictions.

For a first offense, the fine does not exceed $100, and the maximum jail term is ten days or both. A second violation within a year of the initial conviction incurs a fine not exceeding $200, a jail term of up to 20 days, or both.

If convicted for a third or subsequent misdemeanor offense within a year of the first offense, the penalties include a fine of up to $500, a jail term not exceeding six months, or both.

The following are among the recognized misdemeanor offenses in Mississippi:

• Drag racing on public roadways
• Reckless driving
• Racing on state highways
• DUI (driving under the influence)
• Damaging road construction equipment
• Driving without a valid license or operating a vehicle with a suspended or revoked license
• Passing a school bus improperly

Traffic Infractions in Mississippi

In Mississippi, traffic infractions are non-criminal offenses that carry a maximum penalty of a court-imposed fine.

Unlike misdemeanors or felonies, traffic infractions are viewed as less severe under the law, leading to offenders facing fines rather than incarceration. However, individuals committing traffic infractions in Mississippi may still face consequences, such as losing driving privileges through license suspension or revocation.

Common traffic infractions in Mississippi include:

• Seatbelt infractions
• Careless driving
• Failure to signal
• Speeding
• Illegal parking
• Running red lights
• Right-of-way violations
• Unlawful turns or U-turns

Mississippi DUI Laws

DUI, or driving under the influence, is a grave concern in Mississippi, as it poses a significant threat to road safety. Individuals guilty of this offense can expect severe repercussions from the DPS and the judicial system.

In accordance with the Mississippi Code Section 63-11-30, a DUI conviction can be based on various criteria:

• Operating a vehicle while under the influence of alcohol
• Operating a vehicle while under the influence of any impairing substance
• Operating a vehicle with an unlawful level of alcohol or drugs in the bloodstream

Specifically, the legal thresholds for blood alcohol concentration (BAC) are set at 0.08% for individuals of legal drinking age, 0.02% for minors, and 0.04% for commercial vehicle operators.

Penalties for DUI Offenses in Mississippi

As mentioned, DUI in the state comes with penalties from both the court and the DPS. These penalties will depend on the severity of the offense, whether an individual has previous DUI charges and their driving history.

Below are the imposed penalties for those guilty of DUI in Mississippi:

BAC Test Refusal

Under Mississippi Law, individuals driving a car in the state automatically agree to undergo a breath or blood test if suspected of driving under the influence. This "implied consent" is outlined in the Mississippi Code Section 63-11-5.

If a law enforcement officer asks drivers to submit a blood alcohol test and they refuse, their license can be suspended for 90 days unless an interlock-restricted driver's license is obtained. If the driver has a prior DUI offense, the suspension period increases to one year.

First DUI Offense

In Mississippi, the first DUI offense carries both administrative and criminal penalties.

Administrative penalties include a minimum 120-day driver's license suspension, a $175 license reinstatement fee, the requirement for an ignition interlock for a restricted license, and filing financial responsibility (SR 22) for three years.

Offenders must also complete the Mississippi Alcohol Safety Education Program (MASEP), costing $225.

Meanwhile, criminal penalties consist of a $250 to $1,000 fine, 48 hours in jail, a $56 driver's license hardship request fee, and mandatory completion of an alcohol safety education program within six months.

Second DUI Offense (Within Five Years)

Those convicted of a second DUI offense in Mississippi within five years come with more significant penalties.

Administrative consequences include a one-year license suspension, a $175 license reinstatement fee, mandatory ignition interlock for a restricted license, and filing of SR-22 for three years.

Apart from that, criminal penalties apply, including a fine ranging from $600 to $1,500, five days to six months in jail, ten days to six months of community service, and potential forfeiture of the offender's vehicle.

Third DUI Offense (Within Five Years)

An individual convicted of a third DUI offense within five years in Mississippi will encounter the following penalties.

The driver's license suspension period will last three years, and the driver will need to pay $175 for the license reinstatement fee, have a mandatory ignition interlock installed for a restricted license, and file an SR-22 for three years for administrative consequences.

Meanwhile, the criminal penalties will include a fine ranging from $2,000 to $5,000, jail time between five days and six months, and forfeiture of the offender's vehicle.

Fourth and Subsequent Offenses

A Mississippi driver convicted of a fourth or subsequent DUI offense is subject to administrative penalties involving a ten-year interlock-restricted license upon release from prison and a $175 license reinstatement fee.

Additionally, violators will face criminal penalties, which include fines ranging from $3,000 to $10,000 and imprisonment for two to ten years.

Mississippi Speeding Violations

Mississippi enforces two types of speeding laws: absolute limits and the basic speeding law.

The state's absolute speed limit is straightforward. If drivers exceed the posted speed limit, they violate the law. These limits are typically explicitly indicated on road signs, with common examples including 15 miles per hour in school zones, 55 miles per hour on two-lane highways, and 70 miles per hour on interstate highways.

In cases where a specific limit is not posted, Mississippi highways' default absolute speed limit is 65 miles per hour, as outlined in the Mississippi Code Section 63-3-501.

Mississippi also upholds a basic speeding law alongside the absolute speed limits. According to the Mississippi Code Section 63-3-505, drivers must adjust their speed accordingly when approaching various road conditions such as crossings, curves, or adverse weather.

Violating speeding laws in Mississippi can lead to a $150 to $300 fine, administrative fees, court expenses, and heightened insurance premiums. Moreover, if excessive speeding is classified as reckless driving, it may result in license suspension.

Pay the Ticket

When a traffic ticket is paid in Mississippi, the individual admits guilt to the offense, with implications similar to a conviction in court. Furthermore, by paying the fine, one waives the right to challenge the ticket in a legal setting.

In Mississippi, traffic fines are delineated on the ticket, specifying the payment methods and deadlines. Fines are typically remitted to either the state or the local government, with payment avenues differing by jurisdiction. Options usually include online, in-person, or mail-in payments.

Cash is the preferred mode of payment for in-person transactions. For payment by mail, avoid sending personal checks or cash. Instead, a cashier's check payable to the court clerk should be enclosed, along with a stamped, self-addressed envelope for receipt issuance.

Moreover, for convenience, many local courts in Mississippi offer online payment services for traffic tickets. For example, the Jackson Municipal Court facilitates online payments for ticket holders.

It is vital to settle Mississippi traffic tickets punctually and in full. Based on the offense and county, individuals usually have 10 to 30 days to address the ticket. Failure to meet payment deadlines can lead to repercussions, such as a ten-day notice from the court, potential driver's license suspension, and additional fines nearing $300.

Contest the Ticket

In Mississippi, motorists can contest a traffic ticket instead of just paying it and admitting guilt. To do so, the driver must plead not guilty, which requires appearing in court to explain their case.

The procedure for contesting the ticket in court can vary across different counties and cities within Mississippi. Typically, a driver is allowed to enter a not-guilty plea during their arraignment. Hiring an attorney to defend one's rights and interests is generally advisable during this process.

When contesting the ticket, the driver believes they did not violate the law. Therefore, defendants must gather witnesses or evidence to reinforce their claims before appearing in court.

Moreover, adhering to statutory time rules is crucial, as failing to enter a plea before the deadline can lead to legal issues. Drivers should also carefully review their traffic citations to guarantee they observe the correct instructions, including attending court on the specified date.

In court, a jury or judge will hear the case and weigh the evidence before deciding on the driver's guilt.

If the individual is deemed not guilty, the offense will not be documented on their driving record, and they will not be liable for paying the fine associated with the ticket.

Conversely, if deemed guilty, the driver may face several penalties. These include paying the ticket fine and court fees, having the incident reported on their driving record, and potentially facing a driver's license suspension.