Mississippi House Bill HB1095

Mississippi 2022 Regular Session

• Introduced: 1/17/22
• Refer: 1/17/22
• Failed: 2/1/22

Caption

Implied consent; revise suspension period during appeals for refusal to submit to chemical test.

Impact

The amendments seek to clarify procedures and ensure that individuals have certain rights concerning their driving privileges during an appeal. By allowing the suspension period to be tolled while appeals are pending, individuals may avoid immediate loss of driving privileges, which can significantly impact their daily lives. The bill modifies the timeline for enforcement of suspensions, potentially allowing for a smoother judicial review process that upholds the rights of those accused while balancing public safety concerns related to impaired driving.

Summary

House Bill 1095 proposes amendments to specific sections of the Mississippi Code regarding the procedures and implications for individuals who refuse to submit to chemical tests when suspected of operating a vehicle under the influence. The primary focus of the bill is the tolling of the suspension period for driving privileges during the appeal process when a person contests a refusal to submit to such tests. This aims to provide individuals ample opportunity to contest the penalties while still maintaining some operational privileges with the receipt provided by officers at the time of refusal.

Contention

There are notable points of contention regarding the implications of these amendments. Critics may argue that allowing a tolling of the suspension could undermine the intended deterrent effect of existing laws designed to prevent driving under the influence. Supporters, however, may argue that the bill adds necessary protections for individuals who may be wrongfully accused or who may wish to contest the evidence against them. Overall, the bill represents a shift towards more leniency and fairness in the enforcement of driving under the influence laws, potentially leading to mixed reactions from different stakeholders, including law enforcement and advocacy groups.