The crime of driving under the influence in Mississippi is found in Title 63-11-30 of the Mississippi Code.  It says that it is unlawful for any person to drive or otherwise operate a vehicle within this state who (a) is under the influence of intoxicating liquor; (b) is under the influence of any other substance…

In order to arrest someone for driving under the influence, the police must first have reasonable suspicion to pull them over.  If the police lacked reasonable suspicion, then any evidence flowing from the stop, including an arrest, is illegal and can be thrown out. The vehicle stop itself is not an arrest.  It’s simply a…

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