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Traffic Violations in Mississippi

Road users' disregard for the regulations governing road safety and usage are the leading causes of traffic accidents, injuries, and fatalities in Mississippi and across the country. As a result, the state of Mississippi deems it unlawful when a road user (cyclist, pedestrian, motorist, or motorcyclist) refuses to respect the laws of the road. These activities that flout state traffic rules and regulations are known as traffic violations, and they vary in severity. While some of these violations are deemed minor, others are considered criminal and are punishable by harsh penalties. Whatever the case, records of these offenses are typically featured in Mississippi traffic records.

Minor violations are referred to as infractions. They are civil offenses in which the offender's liability is restricted to fines, community service, and other non-prison punishments. On the other hand, a criminal traffic violation is a serious offense that, depending on the situation, can be prosecuted as a misdemeanor or a felony.

As opposed to infractions, criminal traffic violations are characterized by bodily harm, property damage, fatality, or an increased risk of mortality. In addition to expensive fines, a driver who commits a criminal traffic violation in the state will be subject to mandatory driver education programs, temporary or permanent loss of their driving privileges, and incarceration.

In Mississippi, most traffic violations are handled locally by the County Courts and Justice Courts.

Types of Traffic Violations in Mississippi

Mississippi traffic violations can be classified as either moving or non-moving violations. Violating any traffic law while a vehicle is in motion is considered a moving violation. Some examples include:

  • Speeding
  • Running a stop sign
  • Running a red light
  • Driving under the influence
  • Reckless and careless driving

Non-moving violations, on the contrary, occur when a vehicle is not in motion. Often, they arise from faulty vehicle equipment or expired/no paperwork. Examples include expired license plates or registration, no proof of insurance, and illegal parking. However, non-moving violations can still occur while a vehicle is in motion. For example:

  • Inattentive driving
  • Using a cell phone while driving
  • Driving without the use of a seatbelt

Overall, the penalties for traffic violations are determined by the county where an offense occurred and the unique circumstances surrounding a violation. Still, it is important to remember that a conviction for a moving violation will be reported to the Mississippi Driver Services Division and recorded on the traffic offender's driving record.

Mississippi Traffic Violation Code

Mississippi's traffic laws can be found in Title 63 (Motor Vehicles and Traffic Regulations) of the Mississippi Code. These laws outline the state's traffic violations and penalties. They also facilitate the safe and orderly flow of traffic throughout the state.

Mississippi Felony Traffic Violations

Traffic offenses that result in death, serious injury, and significant destruction of property, are classified as felony traffic violations in Mississippi. Indeed, even minor traffic infractions or misdemeanors can be upgraded to felonies if extenuating circumstances, such as a fatality, exist.

Because traffic violations are handled locally in Mississippi, the offenses that are considered felonies can differ from one jurisdiction to the next. However, most jurisdictions consider the following to be felony traffic violations:

  • Vehicular homicide or manslaughter
  • Multiple DUI convictions
  • Other repeat offenses, such as repeat convictions for driving without a valid license
  • Reckless driving that results in injuries or property damage
  • Hit and run
  • Driving while under the influence of alcohol or drugs

Felony traffic violations in Mississippi are punishable by lengthy prison sentences, expensive fines, and the suspension or revocation of one's driving license. For instance, the punishment for a third or subsequent DUI within five years is a one-to-five-year prison sentence. In addition, the offender will be subject to a fine ranging from $2,000 to $5,000, and their vehicle might be subject to seizure and forfeiture. Finally, the driver's license will be suspended for 2 years.

On the other hand, a fourth DUI conviction may result in fines ranging from $3,000 to $10,000, 2 to 10 years in prison, and a 5-year suspension of driving privileges.

Mississippi Traffic Misdemeanors

In Mississippi, a crime is considered a misdemeanor if the maximum possible punishment does not include time in state prison. As a result, traffic misdemeanors refer to traffic violations that are punishable by up to a year in county jail and a fine. These violations are more serious than traffic infractions but less severe than felony traffic violations.

Like felony traffic violations, traffic misdemeanors comprise traffic violations that result in bodily injury or property damage to another person. However, because they do not result in death, serious bodily harm, or significant property damage, they are mostly considered "close shaves".

For example, first and second drunk driving violations are traffic misdemeanors in Mississippi. First-time offenders may be subject to a fine ranging from $250 to $1,000, a maximum jail sentence of 48 hours, or a combination of both. Meanwhile, a person who commits a second offense within five years of the first is sentenced to five days to one year in jail. The offender will also be liable for a fine ranging from $600 to $1,500.

It is important to note that traffic misdemeanors can be elevated to felonies with harsher penalties if aggravating circumstances exist.

Mississippi Traffic Infractions

Traffic infractions are traffic violations that are considered less serious than felony and misdemeanor traffic violations in Mississippi. These offenses constitute acts prohibited by law, but they are not criminal offenses. As such, offenders are penalized with minor penalties, such as traffic ticket fines, instead of imprisonment. Traffic infractions typically include parking, equipment, and pedestrian offenses.

Mississippi Traffic Violation Codes and Fines

Various traffic violations can result in a citation in Mississippi. These violations are subject to fines and, depending on the severity of the violation, imprisonment. The fines are determined by the county where the violation occurred and the nature of the violation. This is because each local district and county has its traffic laws and fines.

Consequently, cited traffic offenders can refer to their tickets to determine what they are charged with, the associated fines, and how to pay. Using Jackson City, Mississippi's largest city, as an example, some traffic fines may include:

  • Exceeding the stipulated speed limit by ten miles per hour: $168.50
  • Exceeding the stipulated speed limit by 20 miles per hour: $238.50
  • Disobeying traffic signs and signals: $183.50
  • Improper passing, turning, and failing to signal: $158.50

How to Pay a Traffic Violation Ticket in Mississippi

When a traffic offender pays a traffic ticket in Mississippi, the individual essentially pleads guilty to a traffic offense, which has the same consequences as being found guilty of the violation in court. Also, paying the fine means that the individual relinquishes their right to contest the traffic ticket in court.

A Mississippi ticket or citation specifies how and when a fine must be paid. Generally, fines are paid to the state or the local municipality, and payment options vary by jurisdiction. However, cited individuals can typically make payments online, in person, or via mail.

Traffic fines in Mississippi must be paid in cash (when paying in person) or with a cashier's check or money order (when forwarding payment by mail). Most courts do not accept credit cards or personal checks as a form of payment.

If paying a ticket via mail, individuals are advised against sending a personal check or cash. Instead, they may submit a cashier's check made payable to the clerk of the court, along with a stamped, self-addressed envelope if they wish to receive a receipt for their payment. It is recommended to request a receipt after payment to keep a record of the transaction.

Interested parties can also make online traffic ticket payments to many local courts. For instance, the Jackson Municipal Court provides an online service for interested parties to pay for their traffic tickets.

Mississippi traffic tickets must be paid in full and on time. Depending on the charge filed against the individual and the county where filed, the traffic offender will have ten to thirty days to respond to their ticket. Failure to pay the fines promptly can result in a variety of problems. For example, an individual who does not pay a citation within the specified due date will receive a 10-day notice from the court. Upon failing to respond, the individual may have their driver's license suspended, and undoing this can be a costly process. Finally, the party may incur an additional fine of nearly $300 on top of the original fine.

Traffic Violation Lookup in Mississippi

Mississippi drivers can look up past and present traffic violations by obtaining a record of their driving history. The Mississippi Driving Record (also called a motor vehicle record) can be obtained by any driver interested in learning more about their traffic violations. Detailed information about a driver's previous driving incidents can be found in this driving record. It specifically contains the following information about the driver:

  • Name
  • Date of birth
  • Address
  • License number
  • License suspensions or revocations
  • Traffic violations
  • Out of state violations (if reported to the state)
  • The current status of the record holder's driver's license (valid, suspended, revoked)
  • History of traffic violations and associated convictions

The record can be obtained online, in person, or through the mail.

Online

Two different types of driving records are available in the state of Mississippi. An inquirer has the option of accessing either a non-certified or certified motor vehicle record (MVR). The non-certified MVR is available online, and it can only be accessed by the person listed as the owner of the record. Certified motor vehicle records are available by mail and in-person.

To obtain a record online, the interested party must provide their driver's license number, legal name (first, middle, and last), and date of birth. In addition, the party will require a credit or debit card to pay the $11 processing fee online.

Using the Postal Service

An individual can obtain a copy of their driving record by mail. To do so, an individual must complete a Consent to Release Records form and mail it to the Mississippi Department of Public Safety. The consent form must be accompanied by a self-addressed, stamped envelope, as well as a certified check for $11 to cover processing fees. The request should be sent to:

Mississippi Department of Public Safety
MVR-Driving Records
P.O. Box 958
Jackson, MS 39205

In-Person At the Department of Public Safety's Office

To obtain a driving record in person, the interested party must complete the consent form and bring it to the nearest Mississippi DPS location. The requester must also bring their driver's license and $11 to cover processing fees.

How to Plead not Guilty to a Traffic Violation in Mississippi

When faced with a traffic violation ticket, motorists have the option of pleading not guilty and contesting their ticket. Anyone who opts to contest will be required to appear in the presiding court to present their case.

When fighting a traffic ticket, hiring an attorney to defend one's rights and interests is a wise decision. The procedure for pleading "not guilty" to a traffic ticket in Mississippi varies from county to county and city to city. However, a driver will generally be allowed to plead not guilty at their arraignment. It is important to note that pleading not guilty implies that the driver believes that they did not break the law in question. As such, every defendant needs to have evidence or witnesses to support their claim before going to court.

The statutory time constraints in Mississippi are also significant when pleading guilty, as failing to enter a not guilty plea before a specified deadline may result in legal consequences. Drivers are advised to carefully examine their traffic tickets to ensure that they follow the proper instructions, including showing up in court on the indicated date.

When a defendant appears in court, a judge or jury will hear their case and render a decision on the individual's guilt after weighing the evidence present. If the driver is found not guilty:

  • The violation will not be recorded on their driving record.
  • The individual will not be responsible for paying the traffic ticket fine.

On the other hand, an individual could be subjected to the following penalties if found guilty:

  • Payment of the associated fine
  • Additional court fees and fines
  • The incident will be reported on the offender's driving record
  • A license suspension may be ordered, etc

What Happens if You Plead No Contest to a Traffic Violation in Mississippi

When an individual pleads no contest to a traffic violation in Mississippi, it means that they do not admit to committing the offense, but they do not wish to challenge it by going to trial. Pleading no contest has the same outcome as pleading guilty. Hence, an individual will be subject to the penalties associated with a guilty plea, including paying a fine and imprisonment.

However, one advantage of a no contest plea is that if the individual is sued in civil court because of their traffic violation, the plea cannot be used against them.

How Long Do Traffic Violations Stay on Your Record?

Traffic violations in Mississippi remain on a driver's record indefinitely unless deleted. However, the Mississippi Highway Safety Patrol (MHSP) reports traffic violations for three to five years, primarily because of the amount of time the courts look back to increase punishments for repeat DUI offenses.

Nevertheless, individuals with traffic offenses on their Mississippi driving record may be able to clean their driving record and have traffic tickets dismissed. This is possible by completing a Mississippi traffic school or defensive driving course approved by a court, DPS, or an auto insurance company.

Can Traffic Violations Be Expunged/Sealed in Mississippi?

According to Miss. Code Ann. 99-19-71, traffic violations cannot be expunged in Mississippi. However, a law authorizing conditional DUI expungement was signed in 2014. Under this law, a person convicted of a DUI first offense may request an order of expungement from the circuit court in the county of conviction. The person must meet the following criteria to be eligible for an expungement:

  • The individual was not a CDL holder (commercial driver's license) at the time of arrest and conviction.
  • Five years have passed since the court-ordered sentence was completed.
  • The individual fulfilled all of the court's requirements regarding their sentence.
  • The individual did not refuse a blood or breath test.
  • If test data exists, the individual's blood/breath alcohol content was less than. 16 percent.
  • The individual has no other DUI convictions or pending DUI cases.
  • The individual can justify the expungement of the conviction.
  • The individual has no prior DUI non-adjudications or expunctions.

What Happens if You Miss a Court Date for a Traffic Violation in Mississippi?

It is critical to appear in court for a traffic violation on a specified court date. Individuals who fail to comply may face the consequences, including:

  • Jail time
  • Increased or additional fines
  • Driver's license suspension
  • A bench warrant issued for the individual's arrest.

Nonetheless, the penalties of missing a traffic court date differ by the severity of an individual's offense and the length of time it takes to learn they missed the court date (assuming the failure to attend was not deliberate). As a result, anyone who suspects they will be unable to attend their court date should notify the proper county court clerk as soon as possible.