2013 Mississippi Code
§ 63-9-25 - Deposit of driver's license in lieu of bail

MS Code § 63-9-25 (2013) What's This?

(1) Whenever any person lawfully possessed of a driver's license theretofore issued to him by the Department of Public Safety of the State of Mississippi, or under the laws of any other state or territory, or the District of Columbia of the United States, shall be arrested and charged with any offense against the traffic or motor vehicle laws or rules of the road of this state, or any municipality thereof, he shall have the option of depositing his driver's license so issued to him with the arresting officer or the court in lieu of any other security which may be required for his appearance in any court in this state in answer to such charge lodged in such court.

(2) If such person arrested elects to deposit his license as provided, the arresting officer or court shall issue such person a receipt for said license upon a form furnished or prescribed by the Mississippi Department of Public Safety, and thereafter said person shall be permitted to operate a motor vehicle upon the highways of this state and streets of the municipalities thereof during the pendency of the case in which the license was deposited unless his license or privilege is otherwise revoked, suspended or canceled, but in no case for a period longer than thirty (30) days.

(3) The clerk of the court in which the charge is lodged shall immediately forward to the department the license of the driver deposited in lieu of bail if the driver fails to appear in answer to the charge against him. The Commissioner of Public Safety or his authorized agent shall, upon receipt of a license so forwarded by the court, suspend the driver's license and driving privilege of the defaulting driver until notified by the court that the charge against such driver has been finally adjudicated.

(4) The commissioner shall, upon receipt of a license of a nonresident driver, forward notice to his counterpart in the state of the driver's residence of the fact that such driver has been charged with a traffic or motor vehicle offense or a violation of the rules of the road and has so deposited his license in lieu of bail.

(5) The making of an application for a duplicate driver's license during the period when the original license is posted for an appearance in a court shall be unlawful, shall constitute a misdemeanor and a person convicted thereof shall be subject to a fine of not more than Five Hundred Dollars ($ 500.00) or imprisonment for not more than six (6) months, or both fine and imprisonment.

(6) The provisions of this section shall not govern arrests for driving under the influence of alcohol. The procedure set forth in the Mississippi Implied Consent Law, Sections 63-11-1 through 63-11-47, Mississippi Code of 1972, shall apply.

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