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Court of Appeals of the State of Mississippi No. 95 CA 00909 COA

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PETITION TO REVIEW SUSPENSION FOR REFUSAL TO TAKE BREATH TEST

IN THE CIRCUIT COURT OF

COUNTY, MISSISSIPPI

, PLAINTIFF

NO.

VS.

, COMMISSIONER OF
PUBLIC SAFETY OF THE STATE OF
MISSISSIPPI, DEFENDANT

COMES NOW the Defendant, , by and through his/her attorney of record, and files this his/her Petition to Review Suspension for Refusal to Take Breath Test pursuant to 63-11-25 Miss. Code Ann. (1988 Supp.) and in support thereof would show unto the Court the following, to-wit:

1.

That the Plaintiff, is an adult resident citizen of County, Mississippi, whose mailing address is

2.

That pursuant to Rule 4(D)(5) of the Miss. Rules of Civil Procedure, the Defendant, , as Commissioner of Public Safety may be served with process of this Court by duly serving said process on the Attorney General of the State of Mississippi.

3.

That this Honorable Court has subject matter jurisdiction of the cause of action herein pursuant to Section 63-11-25 Miss. Code Ann. (1988 Supp.) and other applicable statutes.

4.

That on , the Defendant was charged with operating a motor vehicle while under the influence of intoxicating liquor in violation of 63-11-30(1)(a) Miss. Code Ann. 1972.

5.

That on the above mentioned date the Defendant was further charged with refusing to submit to a breath test in violation of 63-11-21 Miss. Code Ann. 1972.

6.

That on , the Defendant received notice from the Department of Public Safety advising the defendant that his/her driver's license would be suspended for a period of ninety (90) days for refusing to submit to a breath test. The date of said notice reflects that it was issued on . The Plaintiff did not receive said notice until . This is evidenced by a copy of the envelope in which the notice was mailed and is attached hereto and marked Exhibit "". The return of the United States Post Office reflects the Plaintiff received said notice on

7.

That the Defendant did not refuse to take the breath test but was denied the opportunity to submit to a breath test.

8.

That pursuant to 63-11-25 Miss. Code Ann (1988 Supp.) the Defendant may and hereby does petition the Court to review the decision of the Department of Public Safety to suspend the driving privileges of the Defendant.

WHEREFORE, PREMISES CONSIDERED the Defendant, , respectfully requests that this Honorable Court review the Decision of the Department of Public Safety to suspend the Defendant's driving privileges for failure to submit to a breath test and upon completion of said review, issue its Order reinstating the driving privileges of the Defendant.

Respectfully submitted,

Attorney for

Of Counsel:

Telephone:

MSB #:

Attorney for

Enter text

What the Court of Appeals of the State of Mississippi No. 95 CA 00909 COA Represents

Court of Appeals of the State of Mississippi No. 95 CA 00909 COA is a judicial citation referencing a specific appellate opinion or docket entry issued by the Mississippi Court of Appeals. This identifier combines the court name, the case number, and the 'COA' designation for appellant-level records. Lawyers, clerks, researchers, and parties use the citation to locate the opinion, supporting briefs, orders, and procedural history in court records and reporters. Understanding the citation helps determine procedural posture, applicable precedent, and any related filing or appellate deadlines.

Why this citation matters for practitioners and record-keepers

A precise appellate citation ensures parties and counsel can find the controlling opinion, confirm procedural history, and track subsequent motions or appeals. Accurate citation reduces misfiling risk and supports consistent legal research across dockets and citation services.

Why this citation matters for practitioners and record-keepers

Who commonly works with this appellate citation

This citation is used by legal professionals, court staff, and researchers when locating or referencing the Court of Appeals decision.

  • Appellate attorneys and litigators who prepare briefs, cite precedent, or verify mandate and judgment status in related matters.
  • Court clerks and docketing staff who index cases, track deadlines, and prepare certified appellate records for transmission.
  • Legal researchers, paralegals, and academics who retrieve opinions, analyze holdings, or compile case law summaries.

Accurate use by these groups reduces procedural delays, supports citations in filings, and helps ensure correct public record retrieval.

Stepwise checklist for preparing an appellate filing referencing this citation

Follow these sequential steps to prepare a compliant submission that references the Court of Appeals citation.

  • 01
    Confirm Caption: Verify party names match the appellate docket and all prior filings.
  • 02
    Insert Case Number: Place '95 CA 00909 COA' on cover page, header, and certificate of service.
  • 03
    Attach Supporting Records: Include relevant trial court exhibits and the certified record as required.
  • 04
    Sign and Date: Ensure counsel signs using accepted signature method and adds filing date.

Where to submit or route documents that reference No. 95 CA 00909 COA

Routing depends on document type and court rules; use the clerk's guidance for electronic or paper submission.

  • Appellate Clerk: Primary recipient for briefs, motions, and filings that alter appellate schedule or record.
  • Trial Court Clerk: Source of the certified record and transcripts needed for appellate review.
  • Opposing Counsel: Serve all filings per local rules and include the citation in the certificate of service.
  • Court Reporter: Request and verify transcripts that correspond to the cited docket entries.

Digital workflow setup for assembling and e-filing appellate documents

Configure your e-filing workflow to include standardized fields, required attachments, and signer roles for appellate submissions.

Field Configuration
Case Number Field Auto-populate with '95 CA 00909 COA' to ensure uniform references.
Caption Field Locked template field to prevent inadvertent edits to party names.
Attachment Checklist Require certified record, exhibit list, and transcript confirmation before submission.
Signer Role Assign counsel as primary signer and clerk as recipient for electronic routing.

Tools and integrations often used when preparing appellate filings

Many teams use case management, document assembly, and e-signature platforms to standardize filings and track docket citations.

  • Document Formats: PDF and DOCX accepted by most e-filing systems; preserve text-searchable PDFs for record retrieval.
  • Integrations: Common integrations include Google Workspace, Microsoft 365, NetSuite, Box, and e-filing portals.
  • Authentication: Use multi-factor or court-accepted signer verification when submitting sworn statements electronically.

Confirm the receiving court's e-filing technical requirements and accepted signature/authentication methods before transmitting documents.

Security and compliance considerations for electronic appellate records

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Audit Trail: Detailed timestamps, IP, and signer actions
HIPAA: BAA required for protected health information
ESIGN/UETA: Compliant frameworks for U.S. e-signatures
SOC 2: SOC 2 Type II certification available
21 CFR Part 11: Compliant options for regulated records

Risks and consequences of incorrect or late appellate filings

Missed Deadline: May forfeit appellate rights
Incorrect Caption: Can cause docketing delays
Incomplete Record: May lead to procedural dismissal
Improper Service: Opposing party may not be bound
Authentication Failure: E-file may be rejected
Sanctions: Court may impose monetary penalties

Common pitfalls when preparing appellate filings with this citation

  • Using an incorrect or inconsistent case number across documents can prevent automated systems from linking filings to the correct docket.
  • Failing to include the certified record or required transcripts often leads to motions to supplement the record and scheduling delays.
  • Submitting unsigned or improperly authenticated attorney signatures on sworn statements may result in rejection or refiling requirements.
  • Neglecting the court's local formatting, page limits, or certificate of service requirements commonly causes clerks to return filings for correction.

Real-world examples and related e-signature experiences

These examples show how digital document workflows and secure signing are used in legal and operational contexts.

Optica Ventures — COO

The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers.

  • Efficiency in execution improved internal turnaround times significantly.
  • As a result, teams processed more filings electronically with fewer administrative errors and faster document return rates.

Martin Properties — Founder

I can process and execute all of these documents online with 100% compliance and built-in security.

  • Mobile and offline signing allowed field teams to finalize documents.
  • This flexibility reduced time-to-complete, helped maintain consistent recordkeeping, and avoided in-person scheduling bottlenecks.

Essential components to include when drafting or citing the appellate filing

A professional filing or citation should include clear structural elements so the court, counsel, and record systems can process the submission without delay.

Case Caption

Full party names and jurisdictional designation to establish the dispute and ensure correct docket association.

Docket Number

Exact case number line '95 CA 00909 COA' on every page to avoid misfiling and ensure automated linkage.

Statement of Issues

Concise presentation of legal questions presented on appeal to guide clerk routing and internal assignment.

Requested Relief

Clear description of the relief sought, including any specific remand, reversal, or modification requested.

Attachments

Certified record, exhibits, and transcript references that the court needs to adjudicate the appeal.

Signature Block

Counsel signature, bar number, address, and certificate of service for procedural validation.

Practical tips for accurate and efficient appellate submissions

Adopt these practices to reduce rejections, speed clerk review, and maintain a reliable electronic appellate record.

Use Standardized Templates
Create approved templates that auto-populate caption, case number, and header/footer language to prevent typographical and formatting errors across filings.
Verify Certified Records Early
Request and confirm certified trial court records and transcript availability before preparing the brief to avoid last-minute supplementation motions.
Cross-Check Service
Confirm certificate of service details, delivery addresses, and methods to ensure opposing counsel and the court receive filings per the local rule.
Preserve Audit Trails
Keep signer audit logs, timestamped copies, and version histories for any electronic signatures or e-file transmissions in case of procedural challenges.

eSignature vendor pricing and capability snapshot for appellate workflows

Compare starting price and core capabilities across common eSignature vendors; signNow is listed first per standard comparison convention.

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Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes Yes
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Common questions about citing, filing, and electronically submitting materials for No. 95 CA 00909 COA

Answers below address frequent procedural and technical issues encountered when preparing appellate materials and using electronic workflows.


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