Former Tupelo Schools administrator's DUI dismissed, for now
May 11—TUPELO — A Lee County Court Judge has dismissed a DUI charge against a former Tupelo Schools administrator on a technicality.
In December, Paul Moton, a former two-time Administrator of the Year at Tupelo Public Schools District, entered a plea of no contest, or "nolo contendre," to driving under the influence in Tupelo Municipal Court. The following week, he appealed the case to Lee County Court, the next higher court.
Following a five-hour appeal on Wednesday, Judge James Moore dismissed Moton's misdemeanor charge because an officer signed the original affidavit using his police title, instead of as a deputy court clerk. Because the case was dismissed without prejudice, the city of Tupelo can reissue the citation and start the process all over.
Moton's attorney Mark Nichols argued that since the original charging document was not signed properly, it was not valid, the lower court had no jurisdiction and therefore the county court had no jurisdiction for the appeal.
Drew Stuart, who was appointed special prosecutor for the case, strongly objected to the motion. He argued that a state Attorney General's opinion noted that if an affidavit is defective because of the lack of a signature or title, it is in the court's discretion to amend the document.
But Moore said that while everyone agreed that the arresting officer signed the citation in front of another officer, who was also a deputy court clerk, the lack of the second officer's title presented a major legal hurdle.
"As far as the court is concerned, there is nothing you can glean from the document to say that it is an affidavit," Moore said. "It's like a notary public witnessed a signature but forget to put on their seal."
He added that while the Attorney General's opinion does allow the document to be amended, it should have been amended during the initial proceedings in Tupelo Municipal Court. Nichols said he raised the same issue of the lack of a title on the document in the lower court but was overruled.
"I don't believe this court has the jurisdiction to hear the appeal, since the city court did not have jurisdiction," Moore said. "I am going to grant the motion that the case be dismissed without prejudice."
Moton sat quietly throughout the court proceedings, conferring occasionally with his attorney but never speaking publicly.
Moton worked at the school district's central office as Director of Educational Enhancement and Innovative Design when he was pulled over during school hours less than two weeks into the last fall's semester.
According to the Tupelo Police Department report, Moton was driving carelessly along West Jackson Street on Monday, Aug. 16, around 11 a.m.
The reporting officer said Moton "could barely stand and used the bed of the truck to maintain his balance." Moton admitted he was impaired and told the officer that he was "going to lose his job."
Moton told police he had been drinking hand sanitizer. Fearing the hand sanitizer contained methanol, which is poisonous, police had Moton carried by ambulance to the North Mississippi Medical Center for observation. Police followed the ambulance to the hospital and issued Moton a citation for driving under the influence.
Since he did not go to the county jail where his blood alcohol content could have been documented by the Intoxilyzer 8000, city prosecutors subpoenaed his medical records.
Following the arrest, the Tupelo Public School District placed Moton on leave, following district policy. Moton submitted his resignation in writing in early November. It was accepted by the school board at their Nov. 9, 2021 meeting.
Moton spent 23 years as an educator, two decades of them with the Tupelo School District. He served as Milam Elementary School principal for seven years, where he was named the district's top administrator for the 2014-15 and 2019-20 school years. He was promoted to the central office position in April 2021.
