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Point system--assessment for violation--assessment of points stayed, when, procedure , section: 302.302

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Substantive DUI/Excess Alcohol Offense, Missouri Driver's License Point deductions in a Missouri DUI / DWI / BAC or other drunk driving case

302.302. 1. The director of revenue shall put into effect a point system for the suspension and revocation of licenses. Points shall be assessed only after a conviction or forfeiture of collateral. The initial point value is as follows:

(1) Any moving violation of a state law or county or municipal or federal traffic ordinance or regulation not listed in this section, other than a violation of vehicle equipment provisions or a court-ordered supervision as provided in section 302.303 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 points (except any violation of municipal stop sign ordinance where no accident is involved . . . . . . . . . . . . 1 point)

(2) Speeding In violation of a state law . . . . . . . . . . . . . . . . . . 3 points In violation of a county or municipal ordinance . . . . . . . . 2 points

(3) Leaving the scene of an accident in violation of section 577.060, RSMo . . . . . . . . . . . . . . . 12 points In violation of any county or municipal ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 points

(4) Careless and imprudent driving in violation of subsection 4 of section 304.016, RSMo . . . . . . . . . . . . 4 points In violation of a county or municipal ordinance . . . . . . . . 2 points

(5) Operating without a valid license in violation of subdivision (1) or (2) of subsection 1 of section 302.020:

(a) For the first conviction . . . . . . . . . . . . . . . 2 points

(b) For the second conviction . . . . . . . . . . . . . . 4 points

(c) For the third conviction . . . . . . . . . . . . . . . 6 points

(6) Operating with a suspended or revoked license prior to restoration of operating privileges . . . . . . . . . . 12 points

(7) Obtaining a license by misrepresentation . . . . . . . 12 points

(8) For the first conviction of driving while in an intoxicated condition or under the influence of controlled substances or drugs . . . . . . . . . . . . . . . 8 points

(9) For the second or subsequent conviction of any of the following offenses however combined: driving while in an intoxicated condition, driving under the influence of controlled substances or drugs or driving with a blood alcohol content of eight-hundredths of one percent or more by weight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 points

(10) For the first conviction for driving with blood alcohol content eight-hundredths of one percent or more by weight In violation of state law . . . . . . . . . . . . . . . . . . . 8 points In violation of a county or municipal ordinance or federal law or regulation . . . . . . . . . . . . . . . . . . 8 points

(11) Any felony involving the use of a motor vehicle . . . . . . . . . . . . . . . . . . . . . . . 12 points

(12) Knowingly permitting unlicensed operator to operate a motor vehicle . . . . . . . . . . . . . . . . . . . 4 points

(13) For a conviction for failure to maintain financial responsibility pursuant to county or municipal ordinance or pursuant to section 303.025, RSMo . . . . . . . . . . . . . . . . . . . . . . . . . 4 points

2. The director shall, as provided in subdivision (5) of subsection 1 of this section, assess an operator points for a conviction pursuant to subdivision (1) or (2) of subsection 1 of section 302.020, when the director issues such operator a license or permit pursuant to the provisions of sections 302.010 to 302.340.

3. An additional two points shall be assessed when personal injury or property damage results from any violation listed in subsection 1 of this section and if found to be warranted and certified by the reporting court.

4. When any of the acts listed in subdivision (2), (3), (4) or (8) of subsection 1 of this section constitutes both a violation of a state law and a violation of a county or municipal ordinance, points may be assessed for either violation but not for both. Notwithstanding that an offense arising out of the same occurrence could be construed to be a violation of subdivisions (8), (9) and (10) of subsection 1 of this section, no person shall be tried or convicted for more than one offense pursuant to subdivisions (8), (9) and (10) of subsection 1 of this section for offenses arising out of the same occurrence.

5. The director of revenue shall put into effect a system for staying the assessment of points against an operator. The system shall provide that the satisfactory completion of a driver-improvement program or, in the case of violations committed while operating a motorcycle, a motorcycle-rider training course approved by the director of the department of public safety, by an operator, when so ordered and verified by any court having jurisdiction over any law of this state or county or municipal ordinance, regulating motor vehicles, other than a violation committed in a commercial motor vehicle as defined in section 302.700, shall be accepted by the director in lieu of the assessment of points for a violation pursuant to subdivision (1), (2) or (4) of subsection 1 of this section or pursuant to subsection 3 of this section. For the purposes of this subsection, the driver-improvement program shall meet or exceed the standards of the National Safety Council's eight-hour "Defensive Driving Course" or, in the case of a violation which occurred during the operation of a motorcycle, the program shall meet the standards established by the director of the department of public safety pursuant to sections 302.133 to 302.138. The completion of a driver-improvement program or a motorcycle-rider training course shall not be accepted in lieu of points more than one time in any thirty-six-month period and shall be completed within sixty days of the date of conviction in order to be accepted in lieu of the assessment of points. Every court having jurisdiction pursuant to the provisions of this subsection shall, within fifteen days after completion of the driver-improvement program or motorcycle-rider training course by an operator, forward a record of the completion to the director, all other provisions of the law to the contrary notwithstanding. The director shall establish procedures for record keeping and the administration of this subsection.

Comments : TIPS FOR DRIVERS IN A MISSOURI DUI / DWI CASE REGARDING MISSOURI ADMINISTRATIVE POINTS DRIVERS' LICENSE SUSPENSIONS COMPARED TO ADMINISTRATIVE DRIVERS' LICENSE REVOCATIONS AND DENIALS

When comparing driver's license point suspensions in a Missouri DUI / DWI case to driver's license revocations or denials, it is important to note that a driver may have their Missouri driving privilege simultaneously suspended for points while at the same time also having a license revocation for separate and different reasons.

MISSOURI DRIVER'S LICENSE SUSPENSION FROM THE ACCUMULATION OF POINTS

Points against the driver's Missouri driving privilege only count when processed by the Director of Revenue, i.e., a driver's license suspension or revocation resulting from excess point accumulation will begin only after the Director of Revenue has received and processed the conviction. If the driver's conviction in a Missouri DUI / DWI case is delayed in being submitted to the Director of Revenue, the driver is given credit for time for any safe driving reduction prior to calculation of the total point accumulation. See Jennings v. Director of Revenue, 986 S.W.2d 513 (Mo.App. 1999).

LICENSE DENIAL ACTIONS ARE SEPARATE FROM ACCUMULATION OF POINTS SUSPENSIONS OR REVOCATIONS

Missouri driver's license denials actions are separate from accumulation of points actions and only denial actions suspensions or revocations will begin running from the date of the driver's conviction in a Missouri DUI / DWI case. If the driver gets two Missouri DUI / DWI convictions (BAC convictions do not count)) within five years of each other, the person will be denied a license for five years from the date of the second conviction. If the driver gets three or more DUI / DWIs OR BAC convictions, the person will be denied a license for ten years from the date of the last conviction. The only DWI / DUI convictions which count in this context are those convictions that are either state DWI convictions; state BAC convictions after July 1, 1992; or municipal DWI / BAC convictions with the judge/lawyer and counsel representation requirements that occurred after July 1, 1992.

Unlike license suspensions or revocations for the accumulation of points, driver's license denial actions do run from the date of conviction for a 5 or 10 year period regardless of the exact time when they are received by the Department of Revenue. RSMo. Section 302.060. Usually a license suspension or revocation for the accumulation of points will almost always occur in conjunction with a license denial action.

THERE ARE NO CREDITS OF TIME FROM DENIAL ACTIONS IN A MISSOURI DUI / DWI CASE TRANSFERRED TO ANY SEPARATE ADMINISTATIVE LICENSE SUSPENSION / LICENSE REVOCATION FOR REFUSAL OF A CHEMICAL TEST / OR OTHER SUSPENSION

The time periods imposed following a Missouri DUI / DWI conviction that result in a 5 or 10 year denial action are in RSMo. Section 302.060, and are mandated to run from the date of conviction. The time periods imposed for an administrative license suspension action usually run from 15 days after the arrest date unless administrative/court review is requested. There is no credit of time from a denial period under RSMo. Section 302.060(9) or (10) to an administrative alcohol action under RSMo. Section 302.525, or a chemical refusal action under RSMo. Section 577.041.

A SECOND DUI / DWI CONVICTION OR BAC CONVICTION IN MISSOURI IS ALWAYS ASSESSED 12 POINTS

Example: a driver who was convicted of DWI or BAC in the 1960s and does not receive another DWI or BAC conviction until 2004, will be assessed 12 points and a one-year revocation for this second DWI offense in 2004. RSMo. Section 302.032 states that for the second or subsequent alcohol conviction, 12 points must be assessed upon receipt of the conviction. There is no time limit for the second conviction. Ragland v. McNeil, 747 S.W.2d 701 (Mo.App. 1998).

10-YEAR LICENSE REINSTATEMENT PETITIONS ARE NOT ALWAYS FILED IN THE COUNTY WHERE THE DRIVER RESIDES

RSMo. Section 302.060(9) requires that the driver file the 10-year denial reinstatement petition in the county where the driver's last DUI / DWI, BAC conviction took place, not where the driver resides.

ONCE A DRIVER'S LICENSE IN MISSOURI IS REVOKED, IT IS ALWAYS REVOKED UNTIL THE DRIVER GETS REINSTATED

If a driver is currently under a driver's license point revocation and receives another conviction during the time period of the first revocation for which points were assessed, he or she will receive another point revocation separate from the one he or she is already serving. Example: if a driver who is currently revoked for one year becomes revoked for an accumulation of 12 points in 12 months, receives a state court speeding conviction 6 months into his or her initial revocation, he or she will be revoked for another year once the speeding conviction is received and 3 additional points are assessed. This is because total points are only reduced at the time of reinstatement, pursuant to RSMo. Section 302.304.6, and the 3 points will add to the 12 active points already on the driver's record.

The point total simply continues to accumulate until reinstatement. RSMo. Section 302.302 mandates that a driver who receives 12 points in 12 months be revoked for one year; therefore, a second revocation is generated by the convictions. See Creech v. Director of Revenue, 886 S.W.2d 111 (Mo.App. 1994)

Missouri DUI / DWI / BAC DRUNK DRIVING DEFENSE

FURTHER INFORMATION:

J. Matthew Guilfoil, The Guilfoil Law Group, L.L.C. 1656 Washington, Suite 220 Kansas City, Missouri 64108 (816) 842-3717 phone, 1-877-DWI-MATT Toll Free Number; Email: info@guilfoillawgroup.com.

Practice in the following Regions, Cities, and Counties in Missouri.

KANSAS CITY METROPOLITAN AREA

Cass County. Archie, Austin, Belton, Cleveland, East Lynne, Freeman, Garden City, Harrisonville, Lake Annette, Latour, Peculiar, Pleasant Hill, Raymore, Strasburg, West Line, 64012, 64078, 64080, 64083, 64090, 64701, 64725, 64734, 64743, 64746, 64747.

Clay County. Avondale, Birmingham, Claycomo, Crystal Lakes, Excelsior Estates, Excelsior Springs, Gladstone, Holt, Homestead Village, Kansas City, Kearney, Liberty, Mosby, North Kansas City, Pleasant Valley, Randolph, Smithville, Wood Heights. 64024, 64048, 64060, 64068, 64069, 64072, 64073, 64089, 64116, 64117, 64118, 64119, 64155, 64156, 64157, 64158, 64160, 64161, 64165, 64166, 64167.

Jackson County. Blues Springs, Buckner, Grain Valley, Grandview, Greenwood, Independence, Kansas City, Lake Lotawana, Lake Tapawingo, Lake Winnebago, Lee's Summit, Levasy, Lone Jack, Oak Grove, Raytown, Sibley, Sugar Creek. 64013, 64014, 64015, 64016, 64029, 64030, 64034, 64050, 64051, 64052, 64053, 64054, 64055, 64056, 64057, 64058, 64063, 64064, 64066, 64070, 64075, 64081, 64082, 64086, 64088, 64101, 64102, 64103, 64105, 64106, 64108, 64109, 64110, 64111, 64112, 64113, 64114, 64120, 64121, 64123, 64124, 64125, 64126, 64127, 64128, 64129, 64130, 64131, 64132, 64133, 64134, 64136, 64137, 64138, 64139, 64141, 64142, 64145, 64146, 64157, 64148, 64149, 64179, 64188, 64191, 64192, 64196, 64199, 64171, 64172.

Platte County. Camden Point, Dearborn, Farley, Edgerton, Ferrelview, Houston Lake, Kansas City, Lake Waukomis, Parkville, Platte City, Platte Woods, Riverside, Waldron, Weatherby Lake, Weston. 64018, 64028, 64079, 64092, 64098, 64108, 64150, 64151, 64152, 64153, 64154, 64163, 64164, 64168, 64190, 64195, 64439, 64444.

Ray County. Camden, Hardin, Henrietta, Elmira, Lawson, Orrick, Rayville, Richmond. 64017, 64035, 64036, 64062, 64077, 64084, 64085.

Other Areas of Service in Missouri

Andrew County. Rea, Rosendale, Savannah. 64480, 64483, 64485.

Bates County. Adrian, Amoret, Amsterdam, Butler, Drexel, Foster, Hume, Stotesbury, Passaic, Rich Hill, Rockville. 64720, 64722, 64723, 64730, 64742, 64745, 64752, 64777, 64779, 64780.

Boone County. Ashland, Centralia, Columbia, Hallsville, Harrisburg, Hartsburg, McBaine, Rocheport, Sturgeon. 65010, 65039, 65201, 65202, 65203, 65205, 65240, 65255, 65256, 65279, 65284.

Buchanan County. Agency, De Kalb, Easton, Faucett, Rushville, St. Joseph. 64400, 64401, 64443, 64448, 64484, 64501, 64502, 64503, 64504, 64505, 64506, 64507, 64508.

Caldwell County. Braymer, Breckenridge, Cowgill, Hamilton, Kidder, Kingston. 64624, 64625, 64637, 64644, 64649, 64650.

Carroll County. Bogard, Bosworth, Carrollton, De Witt, Hale, Norborne, Stet, Tina, Wakenda. 64622, 64623, 64633, 64639, 64643, 64668, 64680, 64682, 64687.

Chariton County. Mendon, Rothville, Sumner. 64660, 64676, 64681.

Clinton County. Cameron, Gower, Lathrop, Plattsburg, Trimble, Turney. 64429, 64454, 64465, 64477, 64492, 64493.

Cooper County. Blackwater, Boonville, Bunceton, Otterville, Pilot Grove, Prairie Home, Wooldridge. 65068, 65233, 65237.

Daviess County. Altamount, Coffey, Gallatin, Jameson, Jamesport, Lock Springs, Pattonsburg, Winston. 64620, 64636, 64640, 64647, 64648, 64654, 64670, 64689.

De Kalb County. Amity, Clarksdale, Fairport, Hemple, Maysville, Osborn, Stewartsville, Union Star, Weatherby. 64422, 64430, 64447, 64469, 64474, 64490, 64494, 64497.

Gentry County. Albany, Darlington, Gentry, King City, McFall, Stanberry. 64402, 64438, 64453, 64463, 64489, 64657.

Grundy County. Galt, Laredo, Spickard, Trenton. 64641, 64652, 64679, 64683.

Harrison County. Bethany, Blythedale, Brimson, Cainsville, Eagleville, Gilman City, Hatfield, Martinsville, Mount Moriah, New Hampton, Ridgeway. 64424, 64426, 64442, 64458, 64467, 64471, 64481, 64632, 64642.

Henry County. Blairstown, Calhoun, Clinton, Creighton, Deepwater, Montrose, Tightwad, Urich, Windsor. 64726, 64735, 64739, 64740, 64770, 64788, 65323, 65360.

Holt County. Bigelow, Corning, Craig, Fortescue. 64437.

Howard County. Armstrong, Fayette, Franklin, Glasgow, New Franklin. 65230, 65248, 65250, 65254, 65274.

Johnson County. Centerview, Holden, Warrensburg, Chilhowee, Kingsville, Leeton, Whiteman Air Force Base, Knob Noster. 64019, 64040, 64061, 64093, 64733, 64761, 65305, 65336.

Lafayette County. Alma, Bates City, Concordia, Corder, Dover, Higginsville, Lexington, Mayview, Napoleon, Odessa, Waverly, Wellington. 64001, 64011, 64020, 64021, 64022, 64037, 64067, 64071, 64074, 64076, 64096, 64097.

Linn County. Brookfield, Browning, Buckin, Laclede, Linneus, Marceline, Meadville, New Boston, Purdin, St. Catherine. 63557, 64628, 64630, 64631, 64653, 64658, 64659, 64674.

Livingston County. Avalon, Chillicothe, Chula, Dawn, Ludlow, Mooresville, Utica, Wheeling. 64601, 64635, 64638, 64656, 64664, 64686, 64688. Macon County. Anabel, Atlanta, Bevier, Callao, Elmer, Ethel, Excello, La Plata, Macon, New Cambria. 63431, 63530, 63532, 63534, 63538, 63539, 63549, 63552, 63558, 65247.

Mercer County. Mercer, Princeton. 64661, 64673.

Pettis County. Green Ridge, Houstonia, Hughesville, La Monte, Mora, Sedalia, Smithton. 65301, 65302, 65332, 65333, 65334, 65337, 65345, 65350.

Putnam County. Livonia, Lucerne, Powersville, Unionville, Worthington. 63551, 63565, 63567, 64655, 64672.

Saline County. Arrow Rock, Blackburn, Gilliam, Grand Pass, Malta Bend, Marshall, Napton, Miami, Nelson, Slater, Sweet Springs. 65320, 65321, 65330, 65339, 65340, 65344, 65347, 65349, 65351.

Sullivan County. Green Castle, Green City, Harris, Humphreys, Milan, Newton, Pollock, Winigan. 63544, 63545, 63556, 63560, 63566, 64645, 64646, 64667.

Worth County. Allendale, Denver, Grant City, Sheridan, Worth.

Websites:

http://Missouri-dui-dwi-defense.com;

http://www.drunkdrivingdefense.com (Missouri Affiliate);

http://www.dui-dwi.com (Missouri Affiliate);

http://www.guilfoillawgroup.com.

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