Order Denying Request For Extension Of Driving Privileges Because There Was No Chemical Testing Of The Defendant'S Breath printable pdf download

Order Denying Request For Extension Of Driving Privileges Because There Was No Chemical Testing Of The Defendant'S Breath

IN THE JUSTICE COURT OF RANKIN COUNTY, MISSISSIPPI

DEFENDANT ___________________________________

DRIVER’S LICENSE NO. __________________________

FILE NO. ____________________

ORDER DENYING

REQUEST FOR EXTENSION OF DRIVING PRIVILEGES

BECAUSE THERE WAS NO CHEMICAL TESTING OF THE DEFENDANT' S BREATH

THIS CAUSE came on for consideration of a request for an extension of the

defendant’s driving privileges and the Court being satisfied that it has jurisdiction of the

parties and the subject matter, hereby finds that this Court lacks the authority under

Miss. Code Ann. § 63-11-23(2), to extend the defendant' s driving privileges if the

defendant is charged with a violation of Miss. Code Ann. § 63-11-30 and if there was

no chemical testing of the defendant’s breath that indicates the blood alcohol

concentration was 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, 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, or breath, or urine.

IT IS, THEREFORE, ORDERED, since there was no chemical testing of the

Defendant' s breath, this Court lacks the authority under Miss. Code Ann. § 63-11-23(2),

to extend the defendant' s driving privileges and the request for such extension is hereby

denied.

SO ORDERED, this the _____ day of _______________, 20___.

__________________________________

Justice Court Judge

Order Denying Request For Extension Of Driving Privileges Because There Was No Chemical Testing Of The Defendant'S Breath