Recently, the Mississippi Supreme Court handed down a very favorable decision regarding DUI convictions. The case, Freeman v. State of Mississippi
Freeman v. State, litigated by Coxwell & Associates' very own Chuck Mullins, resulted in a very favorable outcome for our client, as it is not very often the Supreme Court reverses a DUI conviction.
Dr. Freeman was convicted of driving under the influence (DUI) first offense, by the Madison County Justice Court. On appeal, the State was put under a court order to preserve specific video evidence, vital to Freeman's defense. However, this key evidence was eventually destroyed, in violation of the court order mandating the State to preserve this evidence. As a result, the Supreme Court determined that, without this key evidence, Dr. Freeman would be unable to present a complete defense. The arresting officer even admitted at trial that this evidence would have cleared up any unanswered questions regarding Dr. Freeman's traffic stop and arrest.
When Dr. Freeman agreed to a continuance, he did so under one stipulation - that the video recording of the traffic stop would be preserved for defense counsel's use at trial. However, this evidence was destroyed while the arresting officer was away on active military duty. Without this objective video evidence, which undoubtedly would have cleared up any unresolved questions regarding the traffic stop, the Supreme Court decided that Dr. Freeman would be unable to present a complete defense without the evidentiary support and aid of the videotaped arrest. As a result, the Court reversed and remanded Dr. Freeman's DUI conviction - a great result for our client.
At Coxwell & Associates, the best advice we can give clients regarding drinking and driving is simple: NEVER, under any circumstances, get behind the wheel after consuming alcohol. However, as Dr. Freeman can attest to, the attorneys at Coxwell & Associates are here for you if you, or a loved one, ever have any questions regarding DUI convictions. Our experienced and knowledgeable attorneys will work hard to achieve the results you expect. To learn more about DUI defense, click here.
Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.