Mississippi Motion to Bifurcate Trials on Subsequent Offense of Operating under Influence and on Operation without a License

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Bifurcation is the act of dividing a trial into two parts for various reasons like convenience, to avoid prejudice, or to expedite and economize. Frequently, civil cases are bifurcated into separate liability and damages proceedings. Criminal trials are also often bifurcated into guilt and sentencing phases.


Severance of actions may be allowed in the court's discretion either to permit a separate trial for some of the parties or a separate trial of properly joined causes of action. Usually, severance is requested by a defendant, but a plaintiff will be granted a severance under proper circumstances. The basic reason for granting a severance is that prejudice is likely to result from a joint trial. Severance should be permitted where the defendants' interests are hostile, where the action against them is not based on the same legal liability, or where a joint trial would involve the submission of very complex and abstruse questions to the jury and would materially affect the substantial rights of the parties.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Under non-adjudication, the driver must complete an alcohol safety program, complete a 120-day ignition interlock device (IID) requirement, and pay various fines and fees. If the driver successfully does all of these things and completes the program, the case will not result in the normal DUI penalties.

Within Mississippi, from the date of your DUI arrest, the district attorney has two years to file charges for a misdemeanor. The statute of limitations mentioned is primarily for first-time offenses and WILL DIFFER for second or third-time offenses.

Upon conviction of a DUI, 1st offense, a Class R license will be suspended for 120 days, absent a court order for the ignition interlock-restricted license. Attendance and completion of the Mississippi Alcohol Safety Education Program (MASEP) is required, along with proof of insurance for three years.

Mississippi's Implied Consent, or DUI, Law declares it illegal for any person to operate a motor vehicle who is under the influence of liquor or other substance that impairs his or her driving ability. The law defines intoxication as a blood alcohol concentration level of . 08 percent for adults, .

One of the most obvious ways to fight a DUI charge is to challenge the reliability of the arresting officer and the police report. The police witness who made the arrest may give contradictory statements. They may also make errors in their testimony, such as recalling the wrong date or time of day.

A fine for first offense DUI of $250 to $1,000, plus statutorily required state assessments and court costs; or. DUI first offense jail time for up to 48 hours, or both the fine and first DUI offense jail time.

What is the best case scenario for DUI A DUI lawyer can use low BAC to get a better deal. A DUI lawyer can offer you a good plea bargain by using your low blood alcohol concentration. ... DUI charges could lead to job termination. ... License suspension hearings are limited to a few issues. ... DUI charges for first-time offense.

A first offense DUI in Mississippi carries many penalties. If convicted, you'll be fined no less than $250 and up to $1000, or sentenced to 48 hours in jail, or both. So the possible outcomes with that are either just a fine, just jail time, or both. It's up to the judge following your trial or plea.

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Mississippi Motion to Bifurcate Trials on Subsequent Offense of Operating under Influence and on Operation without a License