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47-6-107.2.


§47-6-107.2.


    A.  The Department of Public Safety shall prepare and distribute
a Notification form to be used by the courts, as provided in Section
6-107.1 of this title.  In addition to any other authority to cancel
or deny driving privileges, the Department of Public Safety shall,
upon receipt of such completed Notification form from a court, cancel
or deny all driving privileges of the person named in the
Notification form without hearing, for a period of time recommended
by the court.
    B.  Upon receipt of a second or subsequent Notification from a
court relating to the same person, the Department shall cancel or
deny driving privileges of the person for a period of two (2) years
or until the person attains eighteen (18) years of age, whichever is
longer.
    C.  Any person whose driving privileges are canceled or denied
pursuant to this section may file a petition for relief based upon
error or hardship.
    1.  The petition shall be filed in the district court which
notified the Department pursuant to Section 6-107.1 of this title or,
if the Notification originated in a municipal court, the petition
shall be filed in the district court of the county in which the court
is located.  A copy of the Notification and a copy of the
Department's action canceling or denying driving privileges pursuant
to this section, shall be attached to the petition.
    2.  The district court shall conduct a hearing on the petition
and may determine the matter de novo, without notice to the
Department, and if applicable, without notice to the municipal court;
provided, the district court shall not consider a collateral attack
upon the merits of any conviction or determination which has become
final.
    3.  The district court may deny the petition, or in its
discretion, issue a written Order to the Department to increase or
decrease the period of cancellation or denial to any period or issue
a written Order to vacate the Department's action taken pursuant to
this section, in its entirety.  The content of the Order shall not
grant or purport to grant any driving privileges to the person,
however such order may direct the Department of Public Safety to do
so if the person is otherwise eligible therefor.
    D.  Upon receipt of a written Order from the appropriate court,
the Department shall modify or reinstate any driving privileges as
provided in the Order.



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