Mississippi Driving Law

Grounds and Procedure for Revocation of Licenses

SEC. 63-1-53. Notice to accused upon failure to respond to summons or citation, or failure to pay fine; notice to Commissioner of Public Safety; authority of commissioner to suspend license without preliminary hearing; notice of suspension; hearing.

(1) Upon failure of any person to respond timely and properly to a summons or citation charging such person with any violation of Mississippi traffic laws referenced by this title, or upon failure of any person to pay timely any fine, fee or assessment levied as a result of any violation of this title, in accordance with Mississippi driving law the clerk of the court shall give written notice to such person by United States first class mail at his last known address advising such person that if within ten (10) days after such notice is deposited in the mail the person has not properly responded to the summons or citation or has not paid the entire amount of all fines, fees and assessments levied, then the court will give notice thereof to the Commissioner of Public Safety and the commissioner may suspend the driver's license of such person.

The actual cost incurred by the court in the giving of such notice may be added to any other court costs assessed in such case. If within ten (10) days after the notice is given in accordance with this subsection such person has not satisfactorily disposed of the matter pending before the court, then in accordance with Mississippi driving law the clerk of the court immediately shall mail a copy of the abstract of the court record, along with a certified copy of the notice given under this subsection, to the Commissioner of Public Safety, and the commissioner may suspend the driver's license of such person as authorized under subsections (2) and (3) of this section.

(2) In accordance with Mississippi driving law, the commissioner is hereby authorized to suspend the license of an operator without preliminary hearing upon a showing by his records or other sufficient evidence that the licensee:

(a) Has committed an offense of Mississippi driving law for which mandatory revocation of license is required upon conviction of any Mississippi traffic laws except under the provisions of the Mississippi Implied Consent Law;

(b) Has been involved as a driver in any accident resulting in the death or personal injury of another or serious property damage;

(c) Is an habitually reckless or negligent driver of a motor vehicle;

(d) Has been convicted with such frequency of serious offenses against traffic regulations governing the movement of vehicles as to indicate a disrespect for Mississippi traffic laws and a disregard for the safety of other persons on the highways;

(e) Is incompetent to drive a motor vehicle;

(f) Has permitted an unlawful or fraudulent use of such license;

(g) Has committed an offense in another state which if committed in this state would be grounds for suspension or revocation under Mississippi driving law;

(h) Has failed to pay any fine, fee or other assessment levied as a result of any violation of this title;

(i) Has failed to respond to a summons or citation which charged a violation of this title; or

(j) Has committed a violation of Mississippi driving law for which mandatory revocation of license is required upon conviction, entering a plea of nolo contendere to, or adjudication of delinquency, pursuant to the provisions of subsection (1) of Section 63-1-71.

(3) Under Mississippi driving law, notice that a person's license is suspended or will be suspended under subsection (2) of this section shall be given by the commissioner in the manner and at the time provided for under Section 63-1-52, and upon such person's request, he shall be afforded an opportunity for a hearing as early as practical within not to exceed twenty (20) days after receipt of such request in the county wherein the licensee resides unless the department and the licensee agree that such hearing may be held in some other county.

Upon such hearing the commissioner, or his duly authorized agent, may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee. Upon such hearing the commissioner shall either rescind any order of suspension or, good cause appearing therefore, may extend any suspension of such license or revoke such license.

SEC. 63-1-55. Suspension of license of minor by trial judge; requirement of completion of defensive driving course; costs and assessments; procedure upon appeal of suspension.

In accordance with Mississippi driving law, a trial judge, in his discretion, if the person so convicted or who has entered a plea of guilty for any violation of Mississippi traffic laws, except the offenses enumerated in paragraphs (a) through (e) of subsection (1) of Section 63-1-51 and violations of the Implied Consent Law and the Uniform Controlled Substances Law, is a minor and dependent upon and subject to the care, custody and control of his parents or guardian, may, in lieu of the penalties otherwise provided by law and the provision of said section, suspend such minor's driver's license by taking and keeping same in custody of the court for a period of time not to exceed ninety (90) days.

Under Mississippi driving law, the judge so ordering such suspension shall enter upon his docket "DEFENDANT'S DRIVER'S LICENSE SUSPENDED FOR ---- DAYS IN LIEU OF CONVICTION" and such action by the trial judge shall not constitute a conviction.

In accordance with Mississippi driving law, the trial judge also may require the minor to successfully complete a defensive driving course approved by the judge as a condition of the suspension.

Costs of court and penalty assessment for driver education and training program may be imposed in such actions within the discretion of the court. Should a minor appeal, in the time and manner as by law provided, the decision whereby his license is suspended, the trial judge shall then return said license to the minor and impose the fines and/or penalties that he would have otherwise imposed and same shall constitute a conviction for violation of Mississippi traffic laws.

SEC. 63-1-57. Driving while license or driving privilege cancelled, suspended or revoked.

Under Mississippi driving law, any person whose license issued pursuant to this article or driving privilege as a nonresident has been canceled, suspended or revoked as provided in this title or in Section 93-11-157 or 93-11-163, as the case may be, and who drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended or revoked, is guilty of a misdemeanor and upon conviction shall be punished by imprisonment for not less than two (2) days or more than six (6) months.

In accordance with Mississippi driving law, there may be imposed in addition thereto a fine of not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00) for each offense.