The Law Office of Byron R Mobley, PLLC

09/07/2021

27/06/2021

“In all criminal prosecutions, the accused shall enjoy the right to…have the Assistance of Counsel for his defense.”
U.S. Const. Amend. VI, XIV; see also Gideon v. Wainwright, 372 U.S. 335 (1963).

We are always ready to represent you. It’s our job and our duty.

Call us today.

16/06/2021

Whoever said that money can't buy happiness must have never paid for a divorce before.
Mississippi Irreconcilable Differences divorces for a limited time are $750.00 plus filing fee.
Irreconcilable Differences divorces require that you and your spouse agree to a divorce AND all other issues such as child custody/ support and how to split property.
Call 901.490.8234 or email [email protected] for more information.

19/05/2021

If you need to hire a lawyer, it is not the time to be cheap. If a lawyer says he will charge $500 and other lawyers say it will cost $2500 there is a reason.

The need to have an attorney will likely have a long lasting impact on your life. Hire a competent lawyer not the cheapest

19/05/2021

From a client:

Thank you again for today. I’ve been thinking about the outcome and you got exactly what I asked for and I am very grateful. Thank you.

18/05/2021

In almost every kind of legal dispute, but especially in divorce/custody cases, do not discuss what you and your lawyer talk about. This really applies doubly when taking directly to the person you are fighting for divorce/custody

14/05/2021

Mississippi Supreme Court struck down the Medical Ma*****na ballot initiative

courts.ms.gov/Images/Opinion…

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12/05/2021

Misdemeanor criminal defense in Desoto county (including all city courts) -$1500. Payment plans available.

12/05/2021

Divorce - the ultimate spring cleaning.

Mississippi Irreconcilable Differences divorces for a limited time are $750.00 plus filing fee.

Irreconcilable Differences divorces require that you and your spouse agree to a divorce AND all other issues such as child custody/ support and how to split property.

Call 901.490.8234 or email [email protected] for more information.

12/05/2021

Most recent victory at the Mississippi Court of Appeals. We were expecting to lose on the Allomony issue, but it was worth a try.

https://courts.ms.gov/Images/Opinions/CO153893.pdf

10/05/2021

“Common law DUI”

This post addresses a DUI arrest ion Mississippi where there is no intoxilizer 8000 tests or a test result of less than a BAC of .08%.

“Common Law DUI” in Mississippi really isn’t a common law concept but rather refers to the Mississippi drunk driving laws prior to the advent of the Intoxilzer to test blood alcohol content. That law is still in effect under the current Mississippi Implied Consent laws. In particular Miss. Code Ann. §63-11-30(1) It is unlawful for a person to drive or otherwise operate a vehicle within this state if the person: (a) Is under the influence of intoxicating liquor.

Under this arm of the statute there is no requirement for a chemical test showing a concentration of alcohol above a BAC.08%.

The State of Mississippi only needs to prove that you were drinking alcohol and operating a motor vehicle. There is disagreement as to whether the State must also prove impairment. The Mississippi Appellate courts have indicated in three cases that no impairment is needed but in others seem to indicate there must be some kind of impairment. However minor things such as failing to dim high beams can be an indication of impairment.

Typically to prove the case of “Common Law DUI” the officer will ask the driver if the driver knows why he is being stopped. This is to obtain an admission of guilt. Next the driver is asked if he has been drinking, if so how much and when. This is to establish that the driver has been drinking. The next step is to conduct field sobriety tests commonly called SFST. Despite what the officers believe these tests are not to show impairment but rather are predictive tests designed to predict what a person’s BAC level is. The final step normally is the portable breath test which is not admissible as a BAC reading but is allowed to be used to show a presence of alcohol at a trial. As a driver you are NOT required to admit to erratic driving, consumption of alcohol or to take any road side tests. All you are reqired to do I give you name, Driver’s license and proof of insurance.

If you are arrested for DUI in Mississippi you have the right to request a blood tests at your expense.

If you or a friend have been charged with a DUI in Mississippi you is important that you contact a lawyer as soon as possible to protect your driving privileges.

10/05/2021

Mississippi Irreconcilable Differences divorces for a limited time are $750.00 plus filing fee.

Irreconcilable Differences divorces require that you and your spouse agree to a divorce AND all other issues such as child custody/ support and how to split property.

Call 901.490.8234 or email [email protected] for more information.