If the forfeiture, suspension or denial of issuance is sustained by the Commissioner of Public Safety, or his duly authorized agent pursuant to subsection (1) of Section 63-11-23, upon such hearing, the person aggrieved may file within ten (10) days after the rendition of such decision a petition in the circuit or county court having original jurisdiction of the violation for review of such decision and such hearing upon review shall proceed as a trial de novo before the court without a jury. The petition shall be served upon the Attorney General and the Commissioner of Public Safety. Provided further, that no such party shall be allowed to exercise the driving privilege while any such appeal is pending.
Codes, 1942, § 8175-13; Laws, 1971, ch. 515, § 13; Laws, 1983, ch. 466, § 5; Laws, 1996, ch. 527, § 10, eff. 7/2/1996.
Amended by Laws, 2021, ch. 464, SB 2598,§ 4, eff. 4/16/2021.
Notes of Decisions
Sheppard v. Miss. State High. Patrol, 693 So. 2d 1326 (Miss. 1997).
· cites it 12× “The defendant has the option, under Miss. Code Ann. § 63-11-25 , to file a petition in the circuit court for review of a decision to suspend a license, which Sheppard chose in this matter.”
Rigby v. State, 826 So. 2d 694 (Miss. 2002).
· cites it 2× “Miss.Code Ann. § 63-11-25 (Rev.1996) deals with the appeals process from this license suspension.”
State, Dep't of Pub. Saf. v. Prine, 687 So. 2d 1116 (Miss. 1996).
· cites it 2× “While Prine relies on Miss.Code Ann. § 63-11-25 (Supp.1987) to support his position that the circuit court has subject matter jurisdiction, this statute misses the mark.”
Lavinghouse v. Miss. Hwy. Saf. Patrol, 620 So. 2d 971 (Miss. 1993).
“The driver whose license was suspended may file a petition for judicial review under § 63-11-25: If the forfeiture, suspension or denial of issuance is sustained by the commissioner of public safety, or his duly authorized agent pursuant to subsection (1) of section 63-11-23,…”
Baker v. State, 99 So. 3d 241 (Miss. Ct. App. 2012).
· cites it 4× “Baker appealed the ruling of the Department of Public Safety to the circuit court under Mississippi Code Annotated section 63-11-25 (Rev.2004). Section 63-11-25 provides that the parties must proceed with a trial de novo before the circuit court.”
Mississippi Dep't of Pub. Saf. v. Berna Jean Prine (Miss. 1992).
· cites it 2× “Prine petitioned the circuit court for a reduction of his term of suspension pursuant to Miss. Code Ann. § 63-11-30 (2)(a). He asserted hardship and claimed he had attended and completed a Georgia Department of Public Safety Driver Improvement Clinic, Alcohol Course, Level II.”
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