Driver's Hardship License in Mississippi
Full Question:
When filing a Petition for Hardship License at the circuit clerk's office this morning, I was told that I needed to provide a Letter of Hardship outlining my need for the hardship license. However, no one in the clerk's office could tell me whether I had to have a letter of proof provided by my employer or whether a letter written by myself would suffice. I have not revealed my license suspension to my place of employment (for DUI) for fear of losing my job. I have worked there two years and the DUI occurred this past December 2008. Can I provide the letter myself? I have already filed the petition and am hoping to take care of this without my employer knowing about it.
03/16/2009 |
Category: Drivers Lice... ยป Drivers Hard... |
State: Mississippi |
#15646
Answer:
The hardship petition must contain the specific facts which the petitioner alleges to constitute a hardship and the driver's license number of the petitioner. Proof of the hardship shall be established by clear and convincing evidence which shall be supported by independent
documentation. A statement from an employer isn't specifically required, but the strength of the documentation and evidence provided will be a matter of subjective determination for the court. The clear and convincing nature of the evidence required generally means that the more proof of the need provided, the stronger the claim of hardship will be.
§ 63-11-30. Operation of vehicle while under influence of
intoxicating liquor, drugs or controlled substances, or other
substances impairing ability to operate vehicle or with blood
alcohol concentrations above specified levels; penalties
generally; granting of hardship driving privileges; penalties
for violations resulting in death, disfigurement, etc., of
another; penalties for multiple offenses; concurrent running
of suspensions.
(1) It is unlawful for any person to drive or otherwise
operate a vehicle within this state who
(a) is under the
influence of intoxicating liquor;
(b) is under the influence
of any other substance which has impaired such person's
ability to operate a motor vehicle;
(c) has an alcohol
concentration of eight one-hundredths percent (.08%) or more
for persons who are above the legal age to purchase alcoholic
beverages under state law, or two one-hundredths percent
(.02%) or more for persons who are below the legal age to
purchase alcoholic beverages under state law, in the person's
blood based upon grams of alcohol per one hundred (100)
milliliters of blood or grams of alcohol per two hundred ten
(210) liters of breath as shown by a chemical analysis of
such person's breath, blood or urine administered as
authorized by this chapter;
(d) is under the influence of any
drug or controlled substance, the possession of which is
unlawful under the Mississippi Controlled Substances Law; or
(e) has an alcohol concentration of four one-hundredths
percent (.04%) or more in the person's blood, based upon
grams of alcohol per one hundred (100) milliliters of blood
or grams of alcohol per two hundred ten (210) liters of
breath as shown by a chemical analysis of such person's
blood, breath or urine, administered as authorized by this
chapter for persons operating a commercial motor vehicle.
(2)(a) Except as otherwise provided in subsection (3), upon
conviction of any person for the first offense of violating
subsection (1) of this section where chemical tests provided
for under Section 63-11-5 were given, or where chemical test
results are not available, such person shall be fined not
less than Two Hundred Fifty Dollars ($250.00) nor more than
One Thousand Dollars ($1,000.00), or imprisoned for not more
than forty-eight (48) hours in jail or both; and the court
shall order such person to attend and complete an alcohol
safety education program as provided in Section 63-11-32. The
court may substitute attendance at a victim impact panel
instead of forty-eight (48) hours in jail. In addition, the
Department of Public Safety, the Commissioner of Public
Safety or his duly authorized agent shall, after conviction
and upon receipt of the court abstract, suspend the driver's
license and driving privileges of such person for a period of
not less than ninety (90) days and until such person attends
and successfully completes an alcohol safety education
program as herein provided. Commercial driving privileges
shall be suspended as provided in Section 63-1-83.
The circuit court having jurisdiction in the county in
which the conviction was had or the circuit court of the
person's county of residence may reduce the suspension of
driving privileges under Section 63-11-30(2)(a) if the denial
of which would constitute a hardship on the offender, except
that no court may issue such an order reducing the suspension
of driving privileges under this subsection until thirty
(30) days have elapsed from the effective date of the
suspension. Hardships shall only apply to first offenses
under Section 63-11-30(1), and shall not apply to second,
third or subsequent convictions of any person violating
subsection (1) of this section. A reduction of suspension on
the basis of hardship shall not be available to any person
who refused to submit to a chemical test upon the request of
a law enforcement officer as provided in Section 63-11-5.
When the petition is filed, such person shall pay to the
circuit clerk of the court where the petition is filed a fee
of Fifty Dollars ($50.00), which shall be deposited into the
State General Fund to the credit of a special fund hereby
created in the State Treasury to be used for alcohol or drug
abuse treatment and education, upon appropriation by the
Legislature. This fee shall be in addition to any other court
costs or fees required for the filing of petitions.
The petition filed under the provisions of this
subsection shall contain the specific facts which the petitioner alleges
to constitute a hardship and the driver's license number of
the petitioner. A hearing may be held on any petition filed
under this subsection only after ten (10) days' prior written
notice to the Commissioner of Public Safety, or his
designated agent, or the attorney designated to represent the
state. At such hearing, the court may enter an order reducing
the period of suspension.
The order entered under the provisions of this
subsection shall contain the specific grounds upon which hardship was
determined, and shall order the petitioner to attend and
complete an alcohol safety education program as provided in
Section 63-11-32. A certified copy of such order shall be
delivered to the Commissioner of Public Safety by the clerk
of the court within five (5) days of the entry of the order.
The certified copy of such order shall contain information
which will identify the petitioner, including, but not
limited to, the name, mailing address, street address, social
security number and driver's license number of the
petitioner.
At any time following at least thirty (30) days of
suspension for a first offense violation of this section, the
court may grant the person hardship driving privileges upon
written petition of the defendant, if it finds reasonable
cause to believe that revocation would hinder the person's
ability to:
(i) Continue his employment;
(ii) Continue attending school or an educational
institution; or
(iii) Obtain necessary medical care.
Proof of the hardship shall be established by clear and
convincing evidence which shall be supported by independent
documentation.
(b) Except as otherwise provided in subsection (3), upon
any second conviction of any person violating subsection (1)
of this section, the offenses being committed within a period
of five (5) years, such person shall be fined not less than
Six Hundred Dollars ($600.00) nor more than One Thousand Five
Hundred Dollars ($1,500.00), shall be imprisoned not less
than five (5) days nor more than one (1) year and sentenced
to community service work for not less than ten (10) days nor
more than one (1) year. The minimum penalties shall not be
suspended or reduced by the court and no prosecutor shall
offer any suspension or sentence reduction as part of a plea
bargain. Except as may otherwise be provided by paragraph (d)
of this subsection, the Commissioner of Public Safety shall
suspend the driver's license of such person for two (2)
years. Suspension of a commercial driver's license shall be
governed by Section 63-1-83. Upon any second conviction as
described in this paragraph, the court shall ascertain
whether the defendant is married, and if the defendant is
married shall obtain the name and address of the defendant's
spouse; the clerk of the court shall submit this information
to the Department of Public Safety. Further, the commissioner
shall notify in writing, by certified mail, return receipt
requested, the owner of the vehicle and the spouse, if any,
of the person convicted of the second violation of the
possibility of forfeiture of the vehicle if such person is
convicted of a third violation of subsection (1) of this
section. The owner of the vehicle and the spouse shall be
considered notified under this paragraph if the notice is
deposited in the United States mail and any claim that the
notice was not in fact received by the addressee shall not
affect a subsequent forfeiture proceeding.
For any second or subsequent conviction of any person
under this section, the person shall also be subject to the
penalties set forth in Section 63-11-31.
(c) Except as otherwise provided in subsection (3), for
any third or subsequent conviction of any person violating
subsection (1) of this section, the offenses being committed
within a period of five (5) years, such person shall be
guilty of a felony and fined not less than Two Thousand
Dollars ($2,000.00) nor more than Five Thousand Dollars
($5,000.00), shall serve not less than one (1) year nor more
than five (5) years in the custody of the Department of
Corrections; provided, however, that for any such offense
which does not result in serious injury or death to any
person, any sentence of incarceration may be served in the
county jail rather than in the State Penitentiary at the
discretion of the circuit court judge. The minimum penalties
shall not be suspended or reduced by the court and no
prosecutor shall offer any suspension or sentence reduction
as part of a plea bargain. The law enforcement agency shall
seize the vehicle operated by any person charged with a third
or subsequent violation of subsection (1) of this section, if
such convicted person was driving the vehicle at the time the
offense was committed. Such vehicle may be forfeited in the
manner provided by Sections 63-11-49 through 63-11-53. Except
as may otherwise be provided by paragraph (e) of this
subsection, the Commissioner of Public Safety shall suspend
the driver's license of such person for five (5) years. The
suspension of a commercial driver's license shall be governed
by Section 63-1-83.
(d) Except as otherwise provided in subsection (3), any
person convicted of a second violation of subsection (1) of
this section shall receive an in-depth diagnostic assessment,
and if as a result of such assessment is determined to be in
need of treatment of his alcohol and/or drug abuse problem,
such person shall successfully complete treatment of his
alcohol and/or drug abuse problem at a program site certified
by the Department of Mental Health. Such person shall be
eligible for reinstatement of his driving privileges upon the
successful completion of such treatment after a period of one
(1) year after such person's driver's license is suspended.
Each person who receives a diagnostic assessment shall pay a
fee representing the cost of such assessment. Each person who
participates in a treatment program shall pay a fee
representing the cost of such treatment.
(e) Except as otherwise provided in subsection (3), any
person convicted of a third or subsequent violation of
subsection (1) of this section shall receive an in-depth
diagnostic assessment, and if as a result of such assessment
is determined to be in need of treatment of his alcohol
and/or drug abuse problem, such person shall enter an alcohol
and/or drug abuse program approved by the Department of
Mental Health for treatment of such person's alcohol and/or
drug abuse problem. If such person successfully completes
such treatment, such person shall be eligible for
reinstatement of his driving privileges after a period of
three (3) years after such person's driver's license is
suspended.
(f) The Department of Public Safety shall promulgate rules
and regulations for the use of interlock ignition devices as
provided in Section 63-11-31 and consistent with the
provisions therein. Such rules and regulations shall provide
for the calibration of such devices and shall provide that
the cost of the use of such systems shall be borne by the
offender. The Department of Public Safety shall approve which
vendors of such devices shall be used to furnish such systems.
(3)(a) This subsection shall be known and may be cited as
Zero Tolerance for Minors. The provisions of this
subsection shall apply only when a person under the age of twenty-one
(21) years has a blood alcohol concentration of two
one-hundredths percent (.02%) or more, but lower than eight
one-hundredths percent (.08%). If such person's blood alcohol
concentration is eight one-hundredths percent (.08%) or more,
the provisions of subsection (2) shall apply.
(b) Upon conviction of any person under the age of
twenty-one (21) years for the first offense of violating
subsection (1) of this section where chemical tests provided
for under Section 63-11-5 were given, or where chemical test
results are not available, such person shall have his
driver's license suspended for ninety (90) days and shall be
fined Two Hundred Fifty Dollars ($250.00); and the court
shall order such person to attend and complete an alcohol
safety education program as provided in Section 63-11-32. The
court may also require attendance at a victim impact panel.
The court in the county in which the conviction was had or
the circuit court of the person's county of residence may
reduce the suspension of driving privileges under
Section 63-11-30(2)(a) if the denial of which would
constitute a hardship on the offender, except that no court
may issue such an order reducing the suspension of driving
privileges under this subsection until thirty (30) days have
elapsed from the effective date of the suspension. Hardships
shall only apply to first offenses under Section 63-11-30(1),
and shall not apply to second, third or subsequent
convictions of any person violating subsection (1) of this
section. A reduction of suspension on the basis of hardship
shall not be available to any person who refused to submit to
a chemical test upon the request of a law enforcement officer
as provided in Section 63-11-5. When the petition is filed,
such person shall pay to the circuit clerk of the court where
the petition is filed a fee of Fifty Dollars ($50.00), which
shall be deposited into the State General Fund to the credit
of a special fund hereby created in the State Treasury to be
used for alcohol or drug abuse treatment and education, upon
appropriation by the Legislature. This fee shall be in
addition to any other court costs or fees required for the
filing of petitions.
The petition filed under the provisions of this
subsection shall contain the specific facts which the petitioner alleges
to constitute a hardship and the driver's license number of
the petitioner. A hearing may be held on any petition filed
under this subsection only after ten (10) days' prior written
notice to the Commissioner of Public Safety, or his designated
agent, or the attorney designated to represent the state. At
such hearing, the court may enter an order reducing the
period of suspension.
The order entered under the provisions of this
subsection shall contain the specific grounds upon which hardship was
determined, and shall order the petitioner to attend and
complete an alcohol safety education program as provided in
Section 63-11-32. A certified copy of such order shall be
delivered to the Commissioner of Public Safety by the clerk
of the court within five (5) days of the entry of the order.
The certified copy of such order shall contain information
which will identify the petitioner, including, but not
limited to, the name, mailing address, street address, social
security number and driver's license number of the
petitioner.
At any time following at least thirty (30) days of
suspension for a first offense violation of this section, the
court may grant the person hardship driving privileges upon
written petition of the defendant, if it finds reasonable
cause to believe that revocation would hinder the person's
ability to:
(i) Continue his employment;
(ii) Continue attending school or an educational
institution; or
(iii) Obtain necessary medical care.
Proof of the hardship shall be established by clear and
convincing evidence which shall be supported by independent
documentation.
(c) Upon any second conviction of any person under the age
of twenty-one (21) years violating subsection (1) of this
section, the offenses being committed within a period of five
(5) years, such person shall be fined not more than Five
Hundred Dollars ($500.00) and shall have his driver's license
suspended for one (1) year.
(d) For any third or subsequent conviction of any person
under the age of twenty-one (21) years violating
subsection (1) of this section, the offenses being committed
within a period of five (5) years, such person shall be fined
not more than One Thousand Dollars ($1,000.00) and shall have
his driver's license suspended until he reaches the age of
twenty-one (21) or for two (2) years, whichever is longer.
(e) Any person under the age of twenty-one (21) years
convicted of a second violation of subsection (1) of this
section, may have the period that his driver's license is
suspended reduced if such person receives an in-depth
diagnostic assessment, and as a result of such assessment is
determined to be in need of treatment of his alcohol and/or
drug abuse problem and successfully completes treatment of
his alcohol and/or drug abuse problem at a program site
certified by the Department of Mental Health. Such person
shall be eligible for reinstatement of his driving privileges
upon the successful completion of such treatment after a
period of six (6) months after such person's driver's license
is suspended. Each person who receives a diagnostic
assessment shall pay a fee representing the cost of such
assessment. Each person who participates in a treatment
program shall pay a fee representing the cost of such
treatment.
(f) Any person under the age of twenty-one (21) years
convicted of a third or subsequent violation of subsection (1)
of this section shall complete treatment of an alcohol and/or
drug abuse program at a site certified by the Department of
Mental Health.
(g) The court shall have the discretion to rule that a
first offense of this subsection by a person under the age of
twenty-one (21) years shall be nonadjudicated. Such person
shall be eligible for nonadjudication only once. The
Department of Public Safety shall maintain a confidential
registry of all cases which are nonadjudicated as provided in
this paragraph. A judge who rules that a case is
nonadjudicated shall forward such ruling to the Department of
Public Safety. Judges and prosecutors involved in implied
consent violations shall have access to the confidential
registry for the purpose of determining nonadjudication
eligibility. A record of a person who has been nonadjudicated
shall be maintained for five (5) years or until such person
reaches the age of twenty-one (21) years. Any person whose
confidential record has been disclosed in violation of this
paragraph shall have a civil cause of action against the
person and/or agency responsible for such disclosure.
(4) In addition to the other penalties provided in this
section, every person refusing a law enforcement officer's
request to submit to a chemical test of his breath as
provided in this chapter, or who was unconscious at the time
of a chemical test and refused to consent to the introduction
of the results of such test in any prosecution, shall suffer
an additional suspension of driving privileges as follows:
The Commissioner of Public Safety or his authorized agent
shall suspend the driver's license or permit to drive or deny
the issuance of a license or permit to such person as
provided for first, second and third or subsequent offenders
in subsection (2) of this section. Such suspension shall be
in addition to any suspension imposed pursuant to
subsection (1) of Section 63-11-23. The minimum suspension
imposed under this subsection shall not be reduced and no
prosecutor is authorized to offer a reduction of such
suspension as part of a plea bargain.
(5) Every person who operates any motor vehicle in violation
of the provisions of subsection (1) of this section and who
in a negligent manner causes the death of another or
mutilates, disfigures, permanently disables or destroys the
tongue, eye, lip, nose or any other limb, organ or member of
another shall, upon conviction, be guilty of a separate
felony for each such death, mutilation, disfigurement or
other injury and shall be committed to the custody of the
State Department of Corrections for a period of time of not
less than five (5) years and not to exceed twenty-five
(25) years for each such death, mutilation, disfigurement or
other injury, and the imprisonment for the second or each
subsequent conviction, in the discretion of the court, shall
commence either at the termination of the imprisonment for
the preceding conviction or run concurrently with the
preceding conviction. Any person charged with causing the
death of another as described in this subsection shall be
required to post bail before being released after arrest.
(6) Upon conviction of any violation of subsection (1) of
this section, the trial judge shall sign in the place
provided on the traffic ticket, citation or affidavit stating
that the person arrested either employed an attorney or
waived his right to an attorney after having been properly
advised. If the person arrested employed an attorney, the
name, address and telephone number of the attorney shall be
written on the ticket, citation or affidavit. The judge shall
cause a copy of the traffic ticket, citation or affidavit,
and any other pertinent documents concerning the conviction,
to be sent to the Commissioner of Public Safety. A copy of
the traffic ticket, citation or affidavit and any other
pertinent documents, having been attested as true and correct
by the Commissioner of Public Safety, or his designee, shall
be sufficient proof of the conviction for purposes of
determining the enhanced penalty for any subsequent
convictions of violations of subsection (1) of this section.
(7) Convictions in other states of violations for driving or
operating a vehicle while under the influence of an
intoxicating liquor or while under the influence of any other
substance that has impaired the person's ability to operate a
motor vehicle occurring after July 1, 1992, shall be counted
for the purposes of determining if a violation of
subsection (1) of this section is a first, second, third or
subsequent offense and the penalty that shall be imposed upon
conviction for a violation of subsection (1) of this section.
(8) For the purposes of determining how to impose the
sentence for a second, third or subsequent conviction under
this section, the indictment shall not be required to
enumerate previous convictions. It shall only be necessary
that the indictment state the number of times that the
defendant has been convicted and sentenced within the past
five (5) years under this section to determine if an enhanced
penalty shall be imposed. The amount of fine and imprisonment
imposed in previous convictions shall not be considered in
calculating offenses to determine a second, third or
subsequent offense of this section.
(9) Any person under the legal age to obtain a license to
operate a motor vehicle convicted under this section shall
not be eligible to receive such license until the person
reaches the age of eighteen (18) years.
(10) Suspension of driving privileges for any person
convicted of violations of Section 63-11-30(1) shall run
consecutively.
(11) The court may order the use of any ignition interlock
device as provided in Section 63-11-31.
