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License not to be issued to whom, exceptions , section: 302.060(9)

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Administrative Driver's License Suspension, Ten-Year Denials in a Missouri DUI / DWI / BAC or other drunk driving case

The director shall not issue any license and shall immediately deny any driving privilege:

(9) To any person who has been convicted more than twice of violating state law, or a county or municipal ordinance where the judge in such cases was an attorney and the defendant was represented by or waived the right to an attorney in writing, relating to driving while intoxicated; except that, after the expiration of ten years from the date of conviction of the last offense of violating such law or ordinance relating to driving while intoxicated, a person who was so convicted may petition the circuit court of the county in which such last conviction was rendered and the court shall review the person's habits and conduct since such conviction. If the court finds that the petitioner has not been convicted of any offense related to alcohol, controlled substances or drugs during the preceding ten years and that the petitioner's habits and conduct show such petitioner to no longer pose a threat to the public safety of this state, the court may order the director to issue a license to the petitioner if the petitioner is otherwise qualified pursuant to the provisions of sections 302.010 to 302.540. No person may obtain a license pursuant to the provisions of this subdivision through court action more than one time.

Comments : NOTES:

I. Three or More convictions of:

a. violations of state law, county or municipal ordinances, RELATING TO driving while intoxicated (DWI and/or) BAC,

AND

b. Judge must have been an attorney in each case

AND

c. Defendant must have been represented by an attorney in each case OR waived right to an attorney in writing in each case.

II. the statute does not specify time so at any time a third conviction results of either DWI or BAC the driver’s license will be denied for ten years.

III. REINSTATEMENT

a. after expiration of ten years from the date of last conviction;

b. driver must petition circuit court where last conviction took place;

c. driver’s habits will be reviewed by the court in making the reinstatement determination;

d. driver must show no longer a threat to the public for the court to consider reinstatement;

e. driver must be “otherwise eligible” pursuant to RSMo. 302.010 and 302.540.

SUMMARY:

HOW LONG WILL A DRIVER LOSE HIS OR HER DRIVING PRIVILEGES AS A RESULT OF THIS CURRENT DWI ARREST IF A CONVICTION IS TAKEN ON THE DRIVER'S DRIVING RECORD? IS THE DRIVER ILLEGIBLE FOR A HARDSHIP LICENSE, AND IF SO, WHEN?

If the current Missouri DUI / DWI charge against the driver results in a DWI or BAC conviction, where there are no alcohol-related traffic offenses on the driver's record, the driver will receive 8 points on his or her license and the driver's license will be lost for 90 days, assuming there are no other points previously on the driving record which could increase the suspension to a revocation. RSMo. Section 302.302.1(8) & Section 302.304(5).

The driver is illegible for a hardship license after the first 30 days, assuming nothing on his or her driving record prevents it. He or she must file an SR-22 insurance compliance form with Director of Revenue. RSMo. Section 302.309.3(5)(A).

If the current Missouri DUI / DWI charge against the driver results in a BAC conviction, where the driver has one DWI or BAC conviction on his or her driving record obtained at any time, the driver will receive 12 points on his or her license and the driver's license will be revoked for one year. RSMo. Section 302.302.1(9).

The driver is illegible for a hardship license after the first 30 days, assuming nothing on his or her driving record prevents it. He or she must file an SR-22 insurance compliance form with Director of Revenue. RSMo. Section 302.309.3(5)(A).

If the current Missouri DUI / DWI charge against the driver results in a DWI conviction, where the driver has a DWI conviction on his or her driving record within 5 years of the assessment of this conviction by the Director of Revenue, the driver will receive 12 points on his or her license and the driver's license will be revoked for one year. There is also a five-year denial of the ability for the driver to have his or her license reinstated, so two DWI convictions within a five-year period effectively results in a five-year loss of the driver's license. See RSMo. Section 302.060(10).

A driver is eligible for a hardship license in such a Missouri DUI / DWI case after two years, except where by Missouri law they are otherwise ineligible. The driver is otherwise ineligible under the statute if: this current offense is a felony; the driver has two chemical test refusals on his or her driving record; etc. The list is long. See RSMo. Section 302.060(10).

HARDSHIP LICENSE FOR A TEN-YEAR DENIAL. RSMo. SECTION 302.309.3(6)(A).

When a driver applies for a hardship license for a ten-year denial in a Missouri DUI / DWI case, the hardship may be granted by the Director of Revenue upon application, but they will deny it. The driver must then file a petition in Court where a judge may grant application, after a hearing where the driver presents evidence satisfactory to the court. Note: 10-year denial reinstatement petitions are not always filed in the Court in the County where the person 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.

To have a court grant the driver a hardship license for a ten-year denial in a Missouri DUI / DWI case, the driver must show the court that: he or she has not been convicted of any offense related to alcohol, controlled substances or drugs during the preceding three years; his or her habits and conduct show that the person no longer poses a threat to the public safety of this state.

If the current Missouri DUI / DWI charge is a conviction for vehicular assault, it's a felony conviction and 12 points are assessed, causing a one-year revocation of the client's driver's license. RSMo. Section 302.302.1(11). No hardship is authorized in a Missouri DUI / DWI case which results in a conviction for vehicular assault, as this crime is a felony involving the use of a motor vehicle. RSMo. Section 302.309.3(5)(B).

If the current Missouri DUI / DWI charge is a conviction for vehicular homicide (involuntary manslaughter), it's a felony conviction and 12 points are assessed, causing a one-year revocation of the driver's license. There is also a five-year denial of the ability to be reinstated, so effectively it's a five-year denial loss of license. RSMo. Section 302.060.1(10). No hardship is authorized in a Missouri DUI / DWI case which results in a conviction for vehicular homicide (involuntary manslaughter), as this crime is a felony involving the use of a motor vehicle. RSMo. Section 302.309.3(5)(B).

If the driver can obtain an Suspended Imposition of Sentence (SIS) probation in a Missouri DUI / DWI case, regardless of the driver's prior record, it will not appear on the driving record at Director of Revenue, and the criminal portion of the driver's Missouri DUI / DWI case will not impact his driving privileges. However, the administrative hearing / civil portion of the driver's Missouri DUI DWI case may and often does effect the driving privilege.

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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