By William Moore
Daily Journal
TUPELO – Two months after being arrested and charged with driving under the influence, Lee County Prosecuting Attorney James Moore is still waiting for his day in court.
“I am not fighting it,” said Moore. “I have no plans to ask for a trial. I am just waiting for a court date. Once we get a date, I will report and the case can be resolved.”
Moore, 44, of Saltillo, said he was meeting with a group of people and drinking on the evening of Tuesday, Dec. 2, 2014. As he tried to leave downtown Tupelo and head to his home, he hit a parked car and was arrested. He was booked into the jail by Tupelo Police at 1:03 a.m. on Dec. 3 and released at 8:30 a.m. after posting a $1,900 bond through M&W Bonding. He retained Tupelo attorney Harry Sumner to represent him.
With Tupelo Municipal Court cases, it generally takes a couple of months from the time of arrest to a court appearance. But Moore’s case will take longer. The city judges and prosecutor want to be recused from the case, since they have to deal with Moore professionally on a regular basis.
“This case is a little different, because everyone here knows (Moore),” said court director John Knight. “We are going to have to get an outside prosecutor and an outside judge to hear the case. It’s going to take a little longer.”
But Moore said recusal is not necessary.
“I am fine with the city court judges and prosecutor handling it,” said Moore. “I don’t see a need to bring in anybody else. It’s not that big of a deal, since I’m not contesting it.”
Under Mississippi law, a first-offense DUI carries penalties of a 90-day license suspension, fines of $250-$1,000 and up to 48 hours in jail. Last fall, the new DUI law went into effect, allowing for the use of car ignition interlocks and the chance for first-time offenders to have the conviction removed from their records.
“I don’t know if I am just going to plead guilty or go with the nonadjudication,” said Moore. “I will start thinking about that once we get a court date.”
Moore will be running for re-election this fall. In the November 2011 general election, Moore, a Democrat, defeated independent challenger Brian Neely 12,972 votes to 8,844.
william.moore@journalinc.com