Legal Question in Criminal Law in Mississippi

My husband got a letter in the mail that said his drivers lic. will be suspended for 90 day for refusing a breathilizer test. He has not been pulled over at all for anything. We do know that his brother was pulled over and taken to jail for DUI.... My husband had a charge for tresspassing about 10 years ago, so he was already in the system. We are thinking maybe the brother used my husband's name.....What should we do to take care of this. and how can we prove it wasn't him if they didn't take a picture or finger prints?


Asked on 5/20/14, 8:43 am

1 Answer from Attorneys
Wayne Woodall Wayne Woodall Attorney

FIRST, SAVE THE ENVELOPE THE LETTER ARRIVED IN BECAUSE FREQUENTLY THE LETTER IS DRAFTED AND HELD FOR UNKNOWN REASONS FOR SEVERAL DAYS PRIOR TO MAILING. YOU HAVE TEN (10) DAYS FROM THE DATE OF MAILING OF THE LETTER WITHIN WHICH TO FILE A PETITION TO OVERTURN THE SUSPENSION. IF YOU FAIL TO FILE SUCH A PETITION THE SUSPENSION IS AUTOMATIC AND YOU WOULD HAVE TO PAY A REINSTATEMENT FEE AND SHOW PROOF OF INSURANCE COVERAGE TO OBTAIN REINSTATEMENT OF THE LICENSE AT THE END OF THE SUSPENSION PERIOD.

YOU NEED TO FILE THE PETITION IMMEDIATELY!

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Answered on 5/21/14, 11:48 am


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