SHEPPARD v. MISS. STATE HIGHWAY PATROL

No. 93-CA-00117-SCT.

693 So.2d 1326 (1997)

Mitchell E. SHEPPARD, Jr. v. MISSISSIPPI STATE HIGHWAY PATROL, Jim Ingram, Director, Lt. Wayne Parker, Supervisor, Driver Improvement Branch, Mississippi State Highway Patrol and the Attorney General of the State of Mississippi, Mike Moore.

Supreme Court of Mississippi.

May 15, 1997.


Attorney(s) appearing for the Case

V.W. Carmody, Jr., Stanfield Carmody & Clark, Jackson, for Appellant.

John K. Bramlett, Jr., Brandon, for Appellee.

Before PRATHER, P.J., and JAMES L. ROBERTS, Jr. and MILLS, JJ.


MILLS, Justice, for the Court:

This case compels us to construe our implied consent law under D.U.I. refusal. The issues presented are whether the defendant has the right to a trial de novo in a suspension hearing for D.U.I. refusal; whether proper procedures were used in suspending the appellant's drivers' license; and whether the "confusion doctrine" applies to D.U.I. refusals in this state. Aggrieved with the lower court's decision to impose the civil penalty...

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