Mississippi Traffic Violations

Any crime committed while operating a motor vehicle is known as a traffic violation. Most traffic violations are considered misdemeanors under Title 63 of the Mississippi Code, but can be considered felonies under statute. It’s important to know how traffic violations work in Mississippi because of potential suspension, exposure to criminal acts, fines, and to make safer driving choices.

What Is Considered a Traffic Violation in Mississippi?

In Mississippi, it is considered a misdemeanor to violate Chapters 3, 5, or 7 of Title 63 of the Mississippi Code. Nevertheless, these violations may be subject to other laws that classify them as more serious and impose different penalties. Section 63-11-30, for instance, criminalizes alcohol- or drug-impaired drivingand provides escalating penalties for repeat offenses.

Types of Traffic Violations in Mississippi

Under Mississippi law, drivers may be cited for several types of traffic violations, such as:

• Speeding/signal violations: Within Chapter 3 of Title 63, multiple sections regulate obedience to signals and speed rules. Therefore, it is important for drivers to obey traffic-control devices and comply with posted speed limits.
• DUI / impaired driving: It is prohibited to operate a vehicle on public highways under the influence of intoxicants. An offender may receive harsher penalties if their actions cause injury or death.
• Driving without a license or while suspended: It is a requirement under Section 63-1-5 to have a valid driver’s license before operating a vehicle on any public road. Additionally, it is a distinct offense to drive with a suspended, canceled, or revoked license.
• Reckless or careless driving: In accordance with §§ 63-3-1201 through 63-3-1215 of the Mississippi Code, reckless driving carries more severe punishment than careless driving, with higher penalties for repeat convictions.
• Hit-and-run (leaving the scene):Section 63-3-401 governs the duty of a driver involved in an accident causing injury or death. It mandates the driver to stop at the scene and remain there until certain legal obligations are fulfilled.
• Failure to yield/right-of-way: When two vehicles reach an intersection at about the same time, the driver on the left must allow the driver on the right to go first. Not yielding the right-of-way in this situation is a violation of Section 63-3-803.
• Driving without insurance/proof: Mississippi has a compulsory automobile liability insurance law, which means that every vehicle operated in the state must be covered by a liability insurance policy. Drivers must carry proof of coverage, which can be shown either electronically or in paper form.
• Distracted driving (texting / social media): It is unlawful to write, send, or read text messages, as well as access social media, while driving in Mississippi.

Traffic Violation Penalties in Mississippi

In Mississippi, each traffic law sets its fines and jail limits. For instance, any person convicted of reckless driving can be fined between $5 and $100 for a first offense. A second conviction can result in up to 10 days in jail, a $500 fine, or both.

Unlike most states, Mississippi does not use a point system to handle traffic violations. Nevertheless, the Department of Public Safety (DPS) has the authority to suspend the license of a habitual reckless or negligent driver or individuals who disregard traffic laws and the safety of others on the highways.

It is a misdemeanor if a driver fails to show proof of liability insurance when requested by law enforcement. Mississippi requires every registered vehicle to have a minimum of 25/50/25 insurance coverage. In other words, the insurance policy must provide at least $25,000 for bodily injury per person, $50,000 per accident, and $25,000 for property damage. Failure to provide proof of insurance can result in a $100 fine and a one-year license suspension until fees are paid.

Moreover, driving under the influence of alcohol or other impairing substances may lead to multiple suspensions. A first offense is punishable by a 120-day license suspension, mandatory completion of the Mississippi Alcohol Safety Education Program (MASEP), and the installation of an ignition interlock device. If the individual commits another offense within five years, the license is suspended for one year, and participation in MASEP continues.

A third or subsequent DUI offense is considered a felony that carries sanctions such as longer license suspensions, mandatory installation of an ignition interlock device, and proof of insurance for three years.

How to Search for Traffic Violation Records in Mississippi

Traffic violations in Mississippi are handled by the Municipal or Justice Courts in the jurisdiction where the citation was issued. Many of these courts provide online search tools that allow individuals to find specific citations or tickets by entering a citation number, case number, or driver’s details. An alternative option is to visit the Clerk’s Office in the relevant courthouse to view or obtain copies of traffic violation records that are stored in the case management system.

The Driver Service Bureau (DSB) of the DPS maintains and issues motor vehicle reports (MVR), which contain information about traffic violations, convictions, and license status. Mississippi Driver License Holders can purchase a certified copy of their driving records from the DSB online for $14.31. As another option, individuals may request records by mail or in person at their local driver’s license office.

A typical traffic docket shows the court name and case number, type of charge, violation code, defendant’s name and citation number, hearing date, and final ruling. In contrast, an MVR displays a detailed summary of an individual’s driving history, including suspensions, accidents reported to the state, license and personal information, traffic violations and convictions, and penalties.

How Long Do Traffic Violations Stay on Record in Mississippi?

Per Miss. Code § 63-9-17, the DPS must keep copies of abstracts of violation convictions sent by the courts for three years at its main office for public inspection. In addition, certain non-public records may be kept for up to 10 years.

Also, DUI convictions remain permanently visible to the DPS and law enforcement agencies for legal and administrative purposes. Mississippi law looks back five years for prior DUI convictions, even though the record itself does not disappear from an individual’s driving history.

Before renewing or issuing a policy, many insurance companies can review driving records maintained by the DSB to assess risks. Drivers may experience substantial rate hikes as a result of serious traffic violations.

Individuals can request expungement of a first misdemeanor conviction and some minor moving violations under Miss. Code Section 99-19-71. A judge may review and grant the request if the individual is eligible and has completed the required safety and driving courses.

Under the same law, traffic violation cases that ended in dismissal or acquittal can be expunged upon petition to the court. It is prohibited for courts and law enforcement agencies to retain records of arrests or charges when a traffic violation does not result in a conviction.