M. Darin Vance, Attorney at Law FindLaw IM Template2026-07-21T20:16:14Zhttps://www.criminalattorneyhernando.com/feed/atom/WordPress/wp-content/uploads/sites/1100696/2019/07/cropped-site-identity-32x32.jpgOn Behalf of M. Darin Vance, Attorney at Law<![CDATA[Can you refuse a breath test in Mississippi?]]>https://www.criminalattorneyhernando.com/?p=490982026-07-21T20:16:14Z2026-07-21T20:11:50ZThe police collect evidence when charging drivers for drunk driving. One common form of evidence is a driver’s blood alcohol content (BAC). BAC refers to the amount of alcohol in a driver's body. In Mississippi, a driver is automatically considered inebriated if their BAC level is 0.08% or higher. As a result, a driver can face a "per se" drunk driving charge, where intoxication is a matter of law -- regardless of their apparent ability to drive.
Typically, a driver's blood alcohol content is determined via breath testing, and many drivers wonder if they have the right to refuse such tests, feeling that they are invasive.
What are the consequences if you refuse a breath test?
When a driver receives their driver’s license, they agree to implied consent laws. This is an important law to know when the police ask a driver to take a chemical test, such as a breath test, during a traffic stop. Drivers who refuse to take a chemical test face automatic punishments, including fees and a suspended license. A 90-day license suspension (or a year, if you have previous charges) will occur, and your refusal can be used as evidence in your drunk driving case by the prosecutor as proof that you knew you were guilty.
What are your rights during a traffic stop?
Drivers still have rights during traffic stops. Drivers can refuse to perform field sobriety tests, which are physical tests to determine whether a driver is inebriated. Furthermore, drivers have the right to remain silent during traffic stops. This means that drivers can refuse to say anything to the police that may be used against them in court.If a driver believes their legal rights were violated during a traffic stop or are facing a drunk driving charge, they may need to reach out for professional legal guidance.]]>On Behalf of M. Darin Vance, Attorney at Law<![CDATA[Eyewitness accounts can lead to wrongful convictions]]>https://www.criminalattorneyhernando.com/?p=490952026-07-07T06:34:55Z2026-07-07T06:34:55ZWrongful convictions do happen in Mississippi and across the United States. In many cases, they are exposed by DNA evidence. It can definitively prove that someone else committed the crime, even long after the wrong individual was convicted.
Often, what leads to these convictions is an eyewitness misidentification. Some researchers have identified this as a primary cause of wrongful conviction cases. That does not mean it is the only reason, as investigators will likely have other types of evidence to present. But eyewitnesses can have a significant influence on trials and juries, and DNA evidence has shown that they sometimes get it wrong.
Are the eyewitnesses doing this intentionally?
It is certainly possible that an eyewitness could be lying. Perhaps they are biased against the defendant or simply want to see a conviction. But these types of issues are less common than genuine mistakes.For instance, maybe an eyewitness was relatively far away from the crime scene and only caught a fleeting glimpse of the suspect as they were running. The crime itself is a sudden and unexpected event, so it is not as if the eyewitness was mentally prepared to memorize every detail.When they are later asked to identify a suspect in a lineup, they may genuinely believe that the person they selected is the one they saw at the scene of the crime. But their account is simply inaccurate, even if they do not realize it, something that could later be disproven by DNA evidence.
Your legal defense options
If you are facing criminal charges, it is important to know that wrongful convictions do happen. That is why it is so important to carefully explore all of your defense options as your case moves forward.
]]>On Behalf of M. Darin Vance, Attorney at Law<![CDATA[Do you need a lawyer for a misdemeanor charge?]]>https://www.criminalattorneyhernando.com/?p=490932026-06-30T19:09:49Z2026-06-30T19:09:49ZA misdemeanor conviction can have lasting consequences
Mississippi law classifies many offenses as misdemeanors, including certain theft offenses, simple assault, disorderly conduct, first-time DUI offenses, and some drug-related crimes. Although the penalties vary depending on the charge, a conviction may result in:
Jail time
Fines and court costs
Probation
Community service
A permanent criminal record
Beyond the legal penalties, a misdemeanor conviction may affect professional licensing, future employment, housing opportunities, and educational goals.
How a criminal defense lawyer can help
Every criminal case is unique. An attorney can review the facts, explain the charges, and identify possible defenses based on the evidence.
Depending on your case, a criminal defense lawyer may:
Examine whether law enforcement followed proper procedures
Challenge illegally obtained evidence
Negotiate with prosecutors for reduced charges or alternative resolutions
Represent you during court hearings
Protect your constitutional rights throughout the legal process
Early legal representation often provides more opportunities to build an effective defense.
Do not assume a guilty plea is your only option
Some people plead guilty simply because they want to resolve the case quickly. However, pleading guilty without understanding the consequences may lead to penalties that could have been avoided or reduced.
Before making any decisions, it is important to understand the evidence against you, the potential penalties, and any available alternatives.
Why legal guidance matters
Even a misdemeanor can have consequences that extend well beyond the courtroom. An experienced Mississippi criminal defense attorney can evaluate your case, explain your legal options, and work to achieve the most favorable outcome possible.
If you have been charged with a misdemeanor in Hernando, consulting a knowledgeable criminal defense attorney can help you protect your rights, understand the legal process, and make informed decisions about your future.
]]>On Behalf of M. Darin Vance, Attorney at Law<![CDATA[3 times a medical professional’s license is at risk]]>https://www.criminalattorneyhernando.com/?p=490912026-06-18T23:48:50Z2026-06-18T23:48:50Z1. Claims of negligence
Professional licensing exists in part to protect the public from substandard medical care. Credible allegations of negligence that harmed patients could lead to disciplinary action and license-related penalties.
2. Patient and consumer complaints
In some cases, people dissatisfied with the services they received cannot prove negligence, but they may insist that a licensed professional engaged in unethical or highly unprofessional behavior. Many licensing boards, such as the Mississippi Board of Nursing, now accept digital complaints, making it easier than ever for people to put a professional's license at risk due to a disagreement.
3. Criminal convictions
Minor criminal infractions, such as traffic citations, usually do not affect professional licenses, but more serious criminal charges can prevent a professional from passing a background check. Licensing boards may require the disclosure of convictions. They may also discover convictions when people apply for licenses or seek to renew existing licenses.
Those summoned for a disciplinary hearing or facing criminal charges may need guidance from a legal professional to protect the license that allows them to work in their chosen profession. Understanding when professional licensing could be at risk can help people respond effectively to complaints, allegations of misconduct and other situations that could endanger their careers.]]>On Behalf of M. Darin Vance, Attorney at Law<![CDATA[2 reasons teenagers break the law]]>https://www.criminalattorneyhernando.com/?p=490882026-06-11T08:55:48Z2026-06-11T08:55:48ZIf you have a teenager, you may find yourself worrying about the decisions they will make. You could be specifically worried that they will break the law and wind up getting arrested, for example, putting their future in jeopardy.
For many parents, it can be hard to understand why teenagers would break the law in the first place. It can affect their relationships, their freedom, their finances, their education and even their future career prospects. Why would they take such a risk? Below are two reasons to consider.
Peer pressure
First and foremost, many juvenile crimes revolve around peer pressure. This is strongly linked to drug use and underage drinking, for example. Teenagers who would never drink or use illegal substances on their own are far more likely to do so if they are trying to fit in with the group around them. Many college students will drink underage at parties, for example, simply because they are in an environment where underage drinking is common.
Improper risk assessment
Next, teenagers often make risky decisions. Part of this is due to brain development. The human brain does not fully develop until after age 25, and this includes the portion involved with decision-making and risk assessment.Additionally, some teenagers are drawn to risky decisions for the thrill of it. They may drive recklessly or decide to shoplift, for example, not because there is any reason to drive dangerously or steal small items from a local store, but simply because they want the rush that it brings. To them, the risk is its own reward.These are just two examples that help show why teen crime happens. If your teenager is arrested, then it is time to start looking into all of your legal defense options.
]]>On Behalf of M. Darin Vance, Attorney at Law<![CDATA[There are 3 legal BAC limits in Mississippi]]>https://www.criminalattorneyhernando.com/?p=490852026-05-29T01:49:51Z2026-05-29T01:49:51ZIn Mississippi, drivers need to understand their legal limit when it comes to blood alcohol concentration (BAC). A driver's BAC is an indication of how much alcohol is actively in their system at the moment the test is taken, and it can be determined (to varying degrees of certainty) via chemical analysis of a driver's breath, blood or urine.
After an arrest on suspicion of drunk driving, police will often obtain these BAC records, usually with a breath test. In some situations, a blood draw could also be used. However, not every driver is evaluated the same.
Most drivers
For the vast majority of drivers, the legal limit is 0.08%. This is consistent across all states, including Mississippi. It is the most widely cited number, so many people just assume that their legal limit is always 0.08%. But the reality is that there are three different limits, and they apply differently to various groups of drivers.
Commercial drivers
To begin with, commercial drivers have a lower legal limit of just 0.04%. This includes long-haul semi-truck drivers and others who have a commercial driver’s license (CDL) and drive professionally. They need to be extra careful not to exceed the limit, and they are held to a higher standard than the majority of drivers on the road.
Underage drivers
Next, the drinking age is 21 in Mississippi, meaning that it is illegal for anyone under 21 to purchase or consume alcohol. The state has a corresponding BAC law for young drivers stating that anyone under 21 has violated the law at a BAC of just 0.02%. This basically means that almost any alcohol consumption could lead to a drunk driving charge for a driver who is too young to drink.For those who are facing serious charges under any of these limits, it is crucial to know what legal defense options exist and what steps to take as the case moves forward.]]>On Behalf of M. Darin Vance, Attorney at Law<![CDATA[Can you get a DUI if your own breathalyzer said you were fine?]]>https://www.criminalattorneyhernando.com/?p=490832026-05-17T02:52:19Z2026-05-17T02:52:19ZSmall margins matter
Small margins can matter when it comes to DUI testing. Test just under the legal limit, and the police will likely send you on your way. Test just over, and you’ll be arrested and if found guilty, you could face a host of long-term consequences.
Therefore, it is essential that you don’t rely on readings from a personal testing device that likely lacks the necessary level of accuracy that the police tests have. Machines need regular calibration, too. If you have not had time to do this, it could tell you that you are in safe territory when you are not.
Arrests are not always about the numbers
You do not have to read over the limit to get arrested or be found guilty of drunk driving. The law allows officers to make an arrest when they have probable cause to believe a driver is impaired by alcohol, regardless of whether or not they are over the legal limit. When you consider that even one drink might lead you to feel more relaxed or even a little lightheaded on occasions, it’s no surprise that there will also be a negative effect on your driving that an officer might notice and determine that you should be arrested
If you do find yourself facing a DUI charge, it’s important to remember that you may have options to fight the charge. With appropriate legal guidance, you can determine how best to proceed.]]>On Behalf of M. Darin Vance, Attorney at Law<![CDATA[Are viral arrest videos making fair trials harder?]]>https://www.criminalattorneyhernando.com/?p=490812026-05-12T14:53:38Z2026-05-12T14:53:38ZWhy viral videos can create false impressions
A viral arrest clip may show only part of what happened. Online viewers react quickly without knowing what took place before or after the recording began. Some common problems with viral arrest footage include:
Leaving out events that happened before the recording started
Blocking important details through poor camera angles
Missing key information because of unclear audio
Excluding witness statements or later evidence
Spreading edited clips faster than complete footage
Courts do not decide criminal cases based on internet reactions alone because judges and juries must review evidence carefully before reaching conclusions. That process takes time, even when social media users expect immediate answers or form opinions within minutes of seeing a video online.
How public attention can affect your future
Facing a criminal charge already places stress on you and your family, and viral attention can make those problems much harder to manage. Employers may see arrest footage online before your case reaches trial, while college students, military service members and licensed professionals may worry about school discipline, security clearance reviews or damage to their careers.
In some situations, people continue finding arrest videos online even after charges get reduced or dismissed. A criminal case should depend on facts presented in court rather than online popularity, public anger or opinions formed from a short video clip.
Public opinion can outpace the legal process
People online sometimes treat an arrest like proof of guilt, especially when a video spreads quickly across social media. In reality, an arrest only marks the beginning of a criminal case. Investigators may still gather evidence, interview witnesses and review facts that never appeared in the original footage.
Public opinion can spread much faster than a criminal case moves through court. When a video goes viral, potential jurors may already form strong opinions before hearing all the evidence. That can make it harder to find jurors who have not seen the footage or discussed the case online, forcing courts to spend more time separating internet reactions from the facts presented at trial.]]>On Behalf of M. Darin Vance, Attorney at Law<![CDATA[What options are available if your medical license is at risk?]]>https://www.criminalattorneyhernando.com/?p=490782026-04-30T09:44:57Z2026-04-30T09:44:57ZPaths that may shape the outcome of a board review
Once a complaint advances, it usually enters a staged board procedure. In Mississippi, the state medical board evaluates complaints involving M.D.s, D.O.s, podiatrists, physician assistants and radiology assistants.
The board may review written allegations, request records and decide if the matter should move forward. At that point, several options may help protect your standing:
Legal representation as part of your response: Many professionals work with counsel to manage communication and strategy.
Documented explanation of the allegations: You can present a written account and support it with patient records, billing data and related materials.
Negotiated resolution with the board: Some cases conclude through agreed terms, such as monitored practice, education requirements or financial penalties.
Participation in structured health programs: When impairment plays a role, monitored treatment or rehabilitation may become part of the resolution.
Full administrative hearing: In more complex cases, the board may proceed to a formal hearing. Both sides can present evidence and testimony.
The right course often depends on the alleged conduct, patient risk and professional standards at issue.
A steadier path through a serious process
A license matter can reach beyond your current role. It may affect hospital privileges, insurance participation and future career opportunities. Each decision during the process can shape your professional record for years.
Professional license defense may help you understand the medical board’s review process before you act. With careful preparation, you can present your position clearly and make informed decisions about your next move.]]>On Behalf of M. Darin Vance, Attorney at Law<![CDATA[Can failure to report charges cost your security clearance?]]>https://www.criminalattorneyhernando.com/?p=490722026-04-21T16:19:39Z2026-04-21T15:59:51ZAre you required to report criminal charges?
As a service member, you are required to report arrests, citations and criminal charges to your commanding officer. Under Security Executive Agent Directive (SEAD) 3, you must report this information within 72 hours. This rule applies to both minor offenses and more serious criminal allegations.
Even if you do not report it, law enforcement databases like the National Crime Information Center (NCIC) may still record the information. That means your command or investigators may still learn about the charges during a background check or Continuous Vetting (CV) review. As a result, non-disclosure rarely keeps the issue hidden.
How does non-disclosure affect your clearance?
Not reporting a charge can raise concerns about your trustworthiness. When officials review your clearance, the focus does not stay only on the charge. The review also closely examines your honesty and judgment.
If you fail to disclose required information, federal authorities may treat it as a breach of your duties. Because of this, reviewers may shift their focus from the charge itself to your conduct. Authorities may then suspend your clearance or place it under review. In more serious cases, authorities may deny or revoke the clearance.
Can you recover from a reporting violation?
A reporting violation does not always lead to permanent loss of eligibility. However, the outcome depends on the full circumstances evaluated under the "whole-person concept" outlined in SEAD 4. Adjudicators typically consider factors such as:
When the violation occurred
Whether you eventually disclosed the information
The nature and seriousness of the underlying charges
Adjudicators may also review your history of conduct and compliance with rules. A single mistake may not end your clearance. However, repeated failures or signs of intentional concealment may affect your case.
Protecting your military career
Failing to report criminal charges can have lasting consequences on your military career. If you are facing criminal charges or concerns about your clearance, you may benefit from legal guidance. Understanding reporting rules and clearance reviews can help you assess the impact on your military standing.]]>