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Fill and Sign the Petition to Reinstate Driving Privilege Mississippi Form

Fill and Sign the Petition to Reinstate Driving Privilege Mississippi Form

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IN THE CIRCUIT COURT OF       COUNTY, MISSISSIPPI       PETITIONER VS. NO.       COMMISSIONER OF PUBLIC SAFETY DEFENDANT AND THE STATE OF MISSISSIPPI PETITION TO REINSTATE DRIVING PRIVILEGE COMES NOW the Petitioner,       , through counsel, 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 Petitioner,       , 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 Petitioner was charged with operating a motor vehicle while under the influence of intoxicating liquor and refusing to submit to a breath test in violation of 63-11-23 (1) Miss. Code Ann. 1972. 5. That on       , the Petitioner was found not guilty of said charges as shown by Exhibit "A" attached hereto. 6. That the Defendant has refused to reinstate the driver's license of the Petitioner herein, in violation of the due process rights of the Petitioner. WHEREFORE, PREMISES CONSIDERED the Petitioner, 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.       BY: ___________________________            

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