DUI Consequences include Jail and Restitution

Posted by Vic Carmody | Jul 08, 2016 | 0 Comments

An Arkansas man who was convicted of two counts of  DUI causing serious injury from an incident occurring in 2013.

"Samuel Elijah Yearber, 34, of Pontiac, Ark.,  . . . [was sentenced] . . . to a total of 15 years, with five suspended, leaving 10 years to serve, followed by 5 years of probation. Yearber was also ordered to pay more than $1.3 million in restitution for the victims' medical expenses. He faced up to 25 years on each count. At the sentencing hearing, the defense requested leniency, saying he had no criminal history and pointing to his 16 years of military service. After the 2013 crash, he was dishonorably discharged from the Air Force by way of court-martial."

Mr. Yearber's blood-alcohol level was 0.13 and as a result of the accident, the Defendant's passenger now suffers from a permanent brain injury and the prosecution argued the passenger.

". . . now lives at a rehabilitation facility where she gets medical help and assistance with her daily life. She has no use of her right arm, walks with a substantial limp, and cannot speak. Instead, she uses a computer program on a tablet. She is unable to care for her daughter, who is now 5 years old and must rely on family members."

The driver of the vehicle Mr. Yearber collided with also suffered a broken pelvis.

According to the accident reconstructionist, it was also determined Mr. Yearber “was driving 88 mph in a 45 mph zone when he ran into the other car just after 3 a.m.”

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If you have consumed alcohol or any other substance that may impair your ability to operate a vehicle, make the smart choice and call someone for a ride otherwise the consequences may be overwhelming. If you have been charged with a DUI, contact our office 601.948.4444 to determine what your options.

About the Author

Vic Carmody

Victor Carmody was employed by the Jackson Police Department as a police lieutenant from 1973-1980. With attorney Vic Carmody you get the best defense from knowing both sides of Mississippi driving under the influence (DUI / ms dui) law. Vic Carmody is an original Founding Regent and served as Dean of the National College for DUI Defense 2001-2002. He currently serves as a Fellow of the college and is active as an instructor during the summer trial college at Harvard Law School. Vic Carmody is the only attorney in the state who is board certified by the National College of DUI Defense. He is also the only attorney in the state who owns the Intoxilyzer® 8000 machine and possesses a DOT permit to operate the Intoxilyzer® 8000. He is the author Understanding DUI Scientific Evidence, 1st and 2nd editions, Mississippi DUI: Law & Practice, and the Mississippi Criminal Trial Practice Forms manual, part of Thomson West's "Mississippi Practice Series." Additionally, The DUI Book: Mississippi Edition, written by Victor Carmody and co-authored with Atlanta attorney William C. Head, is in the process of publication. Vic is the attorney who wrote the books on DUI defense in Mississippi! Vic Carmody has handled and tried DUI cases in 8 States and has presented DUI seminars in 15 states and 4 foreign countries. Mr. Carmody is considered by many as the best DUI attorney in the state. He was recently selected as one of the Top 100 Trial Lawyers in Mississippi by The American Trial Lawyers Association. Vic currently serves as DUI chairman for continuing education seminars for the University of Mississippi. He is AV rated by Martindale-Hubbell, and he was recently selected as a Super Lawyer in DUI and criminal defense by the prestigious Super Lawyers organization. Vic is admitted to practice in all state courts in Mississippi, the United States District Courts for the Northern and Southern Districts of Missisisppi, and the Supreme Court of the United States. Come see us in Flowood, at 781 Liberty Road, across from the Atmos Energy building.


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