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Return of license, when--limited hardship licenses, when granted-- limited driving privileges under revoked license , section: 302.309

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Administrative Driver's License Suspension, Hardship/Limited Driving Privileges in a Missouri DUI / DWI / BAC or other drunk driving case

1. Whenever any license is suspended pursuant to sections 302.302 to 302.309, the director of revenue shall return the license to the operator immediately upon the termination of the period of suspension and upon compliance with the requirements of chapter 303, RSMo.

2. Any operator whose license is revoked pursuant to these sections, upon the termination of the period of revocation, shall apply for a new license in the manner prescribed by law.

3. (1) All circuit courts or the director of revenue shall have jurisdiction to hear applications and make eligibility determinations granting limited driving privileges. Any application may be made in writing to the director of revenue and the person's reasons for requesting the limited driving privilege shall be made therein.

(2) When any court of record having jurisdiction or the director of revenue finds that an operator is required to operate a motor vehicle in connection with any of the following:

(a) A business, occupation, or employment;

(b) Seeking medical treatment for such operator;

(c) Attending school or other institution of higher education;

(d) Attending alcohol or drug treatment programs; or

(e) Any other circumstance the court or director finds would create an undue hardship on the operator; the court or director may grant such limited driving privilege as the circumstances of the case justify if the court or director finds undue hardship would result to the individual, and while so operating a motor vehicle within the restrictions and limitations of the limited driving privilege the driver shall not be guilty of operating a motor vehicle without a valid license.

(3) An operator may make application to the proper court in the county in which such operator resides or in the county in which is located the operator's principal place of business or employment. Any application for a limited driving privilege made to a circuit court shall name the director as a party defendant and shall be served upon the director prior to the grant of any limited privilege, and shall be accompanied by a copy of the applicant's driving record as certified by the director. Any applicant for a limited driving privilege shall have on file with the department of revenue proof of financial responsibility as required by chapter 303, RSMo. Any application by a person who transports persons or property as classified in section 302.015 may be accompanied by proof of financial responsibility as required by chapter 303, RSMo, but if proof of financial responsibility does not accompany the application, or if the applicant does not have on file with the department of revenue proof of financial responsibility, the court or the director has discretion to grant the limited driving privilege to the person solely for the purpose of operating a vehicle whose owner has complied with chapter 303, RSMo, for that vehicle, and the limited driving privilege must state such restriction. When operating such vehicle under such restriction the person shall carry proof that the owner has complied with chapter 303, RSMo, for that vehicle.

(4) The court order or the director's grant of the limited driving privilege shall indicate the termination date of the privilege, which shall be not later than the end of the period of suspension or revocation. A copy of any court order shall be sent by the clerk of the court to the director, and a copy shall be given to the driver which shall be carried by the driver whenever such driver operates a motor vehicle. The director of revenue upon granting a limited driving privilege shall give a copy of the limited driving privilege to the applicant. The applicant shall carry a copy of the limited driving privilege while operating a motor vehicle. A conviction which results in the assessment of points pursuant to section 302.302, other than a violation of a municipal stop sign ordinance where no accident is involved, against a driver who is operating a vehicle pursuant to a limited driving privilege terminates the privilege, as of the date the points are assessed to the person's driving record. If the date of arrest is prior to the issuance of the limited driving privilege, the privilege shall not be terminated. The director shall notify by ordinary mail the driver whose privilege is so terminated.

(5) Except as provided in subdivision (6) of this subsection, no person is eligible to receive a limited driving privilege who at the time of application for a limited driving privilege has previously been granted such a privilege within the immediately preceding five years, or whose license has been suspended or revoked for the following reasons:

(a) A conviction of violating the provisions of section 577.010 or 577.012, RSMo, or any similar provision of any federal or state law, or a municipal or county law where the judge in such case was an attorney and the defendant was represented by or waived the right to an attorney in writing, until the person has completed the first thirty days of a suspension or revocation imposed pursuant to this chapter;

(b) A conviction of any felony in the commission of which a motor vehicle was used;

(c) Ineligibility for a license because of the provisions of subdivision (1), (2), (4), (5), (6), (7), (8), (9), (10) or (11) of section 302.060;

(d) Because of operating a motor vehicle under the influence of narcotic drugs, a controlled substance as defined in chapter 195, RSMo, or having left the scene of an accident as provided in section 577.060, RSMo;

(e) Due to a revocation for the first time for failure to submit to a chemical test pursuant to section 577.041, RSMo, or due to a refusal to submit to a chemical test in any other state, if such person has not completed the first ninety days of such revocation;

(f) Violation more than once of the provisions of section 577.041, RSMo, or a similar implied consent law of any other state;

(g) Disqualification of a commercial driver's license pursuant to sections 302.700 to 302.780, however, nothing in this subsection shall prevent a person holding a commercial driver's license who is suspended or revoked as a result of an action occurring while not driving a commercial motor vehicle or driving for pay, but while driving in an individual capacity as an operator of a personal vehicle from applying for a limited driving privilege to operate a commercial vehicle, if otherwise eligible for such limited privilege; or

(h) Due to a suspension pursuant to subsection 2 of section 302.525 and who has not completed the first thirty days of such suspension, provided the person is not otherwise ineligible for a [FN1] limited driving privilege; or due to a revocation pursuant to subsection 2 of section 302.525 if such person has not completed such revocation.

(6) (a) Provided that pursuant to the provisions of this section, the applicant is not otherwise ineligible for a limited driving privilege, a circuit court or the director may, in the manner prescribed in this subsection, allow a person who has had such person's license to operate a motor vehicle revoked where that person cannot obtain a new license for a period of ten years, as prescribed in subdivision (9) of section 302.060, to apply for a limited driving privilege pursuant to this subsection if such person has served at least three years of such disqualification or revocation. Such person shall present evidence satisfactory to the court or the director that such person has not been convicted of any offense related to alcohol, controlled substances or drugs during the preceding three years and that the person's habits and conduct show that the person no longer poses a threat to the public safety of this state.

(b) Provided that pursuant to the provisions of this section, the applicant is not otherwise ineligible for a limited driving privilege or convicted of involuntary manslaughter while operating a motor vehicle in an intoxicated condition, a circuit court or the director may, in the manner prescribed in this subsection, allow a person who has had such person's license to operate a motor vehicle revoked where that person cannot obtain a new license for a period of five years because of two convictions of driving while intoxicated, as prescribed in subdivision (10) of section 302.060, to apply for a limited driving privilege pursuant to this subsection if such person has served at least two years of such disqualification or revocation. Such person shall present evidence satisfactory to the court or the director that such person has not been convicted of any offense related to alcohol, controlled substances or drugs during the preceding two years and that the person's habits and conduct show that the person no longer poses a threat to the public safety of this state. Any person who is denied a license permanently in this state because of an alcohol-related conviction subsequent to a restoration of such person's driving privileges pursuant to subdivision (9) of section 302.060 shall not be eligible for limited driving privilege pursuant to the provisions of this subdivision.

4. Any person who has received notice of denial of a request of limited driving privilege by the director of revenue may make a request for a review of the director's determination in the circuit court of the county in which the person resides or the county in which is located the person's principal place of business or employment within thirty days of the date of mailing of the notice of denial. Such review shall be based upon the records of the department of revenue and other competent evidence and shall be limited to a review of whether the applicant was statutorily entitled to the limited driving privilege.

5. The director of revenue shall promulgate rules and regulations necessary to carry out the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2001, shall be invalid and void.

Comments : DRIVERS' MOST COMMONLY ASKED QUESTIONS REGARDING LIMITED DRIVING PRIVILEDGES AFTER A DRIVER'S LICENSE SUSPENSION IN A MISSOURI DUI / DWI CASE

I have a felony DWI conviction in Missouri, can I receive a limited driving privilege to go to work?

In Missouri, there are no limited driving privileges given to drivers for felonies. Any felony, including felony DWI, involving the use of a motor vehicle, will disqualify for life, a person from getting a hardship. Hagan v. Director of Revenue, 968 S.W.2d 704 (Mo. banc 1998).

Can I receive a limited driving privilege to work to pay child support?

No. RSMo. Section 454.1010.9 provides that a limited driving privilege pursuant to RSMo. Section 302.309 is not available to work to pay child support. The driver must petition the court which entered the child support order or which has jurisdiction over the child support arrearage order for a stay of the order in cases of hardship. The Director of Revenue cannot issue limited driving privileges in this situation.

My Missouri driver's license was suspended for failure to appear in court, may I receive a limited driving privilege?

No. RSMo. Section 302.309.3(5)(c) states that no person who has received a suspension pursuant to RSMo. Section 302.341 for failure to appear in court is eligible for a limited driving privilege. In order to qualify for a limited driving privilege, the driver must satisfy all outstanding failure to appear notices and provide proof of compliance with the failure to appear for each suspension before further eligibility can be determined for the limited driving privilege.

My driver's license was suspended in my Missouri DUI / DWI case when I was under 21. May I receive a limited driving privilege?

Maybe. For under-21, abuse and lose offenses, the driver is eligible for limited driving privileges for the Missouri, abuse-and-lose DUI / DWI suspension / revocation alone as long as he or she is not ineligible for some other reason pursuant to RSMo. Section 302.309.3(5).

Commercial (CDL) Licenses. I have a Class F (Normal) driver's license and it was suspended or revoked for DUI / DWI and I received a limited driving privilege. May I test for a Class A, B or C (commercial) driver's license to upgrade the limited driving privilege?

NO. RSMo. Section 302.720.6 specifically states that a commercial driver's license may not be issued to a person whose license is currently suspended, revoked, or disqualified in any state.

I just received my second DUI / DWI in Missouri. Do I have to have ignition interlock on my car to get a limited driving privilege? If I have to have ignition interlock on my car to drive, can my wife leave ignition interlock off of her car since she does not have any DUI / DWI on her driving record?

RSMo. Section 577.600 requires that any court granting a limited driving privilege to any person who is found guilty or pleads guilty to a second or subsequent intoxication-related traffic offense SHALL REQUIRE the use of an ignition interlock device in ALL vehicles operated by the person as a required condition of limited driving privilege.

I just received my second DWI, but my right to drive is revoked in another state. Can I get a limited driving privilege in Missouri after my DWI is over?

No. If a driver wants a limited driving privilege from the Missouri Department of Revenue or the Court, he or she cannot be suspended or revoked in another state. The driver will be required to retest if his or her license is expired or if he or she has no valid Missouri license if a limited driving privilege is sought

How Do I get a limited Driving privilege?

Application for a limited driving privilege may be made either to the circuit court in the county of residence or employment OR to the Director of Revenue. For drivers who chose to go to the Director of Revenue, application forms are available at all local Department of Revenue offices as well as the main offices in Jefferson City. All denials by the Director may be appealed within 30 days of the denial notice to the Circuit Court in the county of residence or employment. The issue for the court on appeal is whether the Director of Revenue correctly denied the limited driving privilege in accordance with RSMo. Section 302.309.

The correct procedures must be followed to apply for limited driving privileges. If the driver applies for a limited driving privilege with the Director of Revenue, their instructions are: the applicant must submit a completed application form and have proof of insurance (SR-22) on file with DOR. The applicant is not required to submit a driving record since the information is already available to the DOR. It takes approximately seven working days for the Director to process the application and issue an order either granting or denying LDP. The orders are mailed to the applicant by ordinary mail.

If the driver applies for a limited driving privilege with the Court, the applicant names the Director as Defendant and states the reasons he or she is suspended/revoked and the reasons he or she has need for a hardship license. This petition must be served on the Director. An attorney from the Department of Revenue will file an answer that will point out any statutory reasons for ineligibility. If there are no statutory reasons to deny the granting of the hardship, the answer will simply state it is in the court's discretion. It is up to the applicant or his or her attorney to "move" the petition for setting of appearances. The only cases attorneys from DOR normally appear on are those to which an objection to the granting of a hardship is made.

All limited driving privileges are granted at the discretion of the Director of Revenue or the Court

I just had my license suspended in another state for a DWI conviction. Can I apply for a Missouri limited driving privilege for the duration of my license suspension from the other state since I now live in Missouri?

No. An applicant of a Missouri limited driving privilege must be a resident of Missouri or be employed in Missouri. RSMo. Section 302.309. An out of state resident cannot move to Missouri and apply for limited driving privileges from this state to cover the period of the out-of-state suspension or revocation.

INELIGIBILITY PROVISIONS FOR A LIMITED DRIVING PRIVILEGE IN MISSOURI

The following are all of the statutory grounds for denial of hardship driving privileges:

Any state DWI or BAC conviction and any municipal or county DWI or BAC conviction where the judge was an attorney and Defendant was represented by counsel or waived the right to counsel, until the person has completed the first thirty (30) days of any suspension or revocation;

Any vehicular felony within the person's lifetime in the driving history; Any person who is too young for a license-- RSMo. Section 302.060(1) & (2);

Any person who is a habitual drunkard or addicted to drugs-- RSMo. 302.060(4);

Any person who is adjudicated incapacitated within the person's lifetime unless restored to capacity-- RSMo. Section 302.060(5);

Any person who has been required to submit to a driver's examination and who has failed that examination-- RSMo. Section 302.060(6);

Any person who has an unsatisfied judgment against them as the result of a motor vehicle accident-- RSMo. Section 302.060(8);

Any person who has been convicted three (3) or more times of DWI or BAC (state, out-of-state, county, or municipal), where the judge was an attorney and Defendant was represented by counsel or waived counsel who has not SERVED at least three (3) years of the denial without any alcohol or drug conviction within three (3) years of his or her application -- RSMo. Section 302.060(8);

Any person who has been convicted two (2) times within five years of DWI or BAC (state, out-of-state, county, or municipal), where the judge was an attorney and Defendant was represented by counsel or waived counsel, for five years from the date of the second such conviction, who has not SERVED at least two (2) years of such denial without any alcohol/drug convictions within two (2) years of such denial without any alcohol/drug convictions within two (2) years of his or her application -- RSMo. Section 302.060(10);

Any person convicted of (felony) involuntary manslaughter while intoxicated within the person's lifetime -- RSMo. Section 302.060(10);

Any person denied a license because of a suspension or revocation currently in effect in another state (The driver's license compact) -- RSMo. Section 302.060(11);

Any person currently suspended for failure to respond to this or another state's traffic ticket (in-state failure to appear or non-resident violator's compact)-- RSMo. Section 302.341 & 544.046;

Any person convicted of operating a motor vehicle while under the influence of drugs within the person's lifetime under RSMo. Chapter 195;

Any person convicted of leaving the scene of an accident in violation of state law within the person's lifetime -- RSMo. Section 577.060;

Any person who has once refused to submit to a chemical test, until the person has served ninety (90) days of his or her revocation;

Any person who has more than once refused to submit to a chemical test within the person's lifetime in this or any other state -- RSMo. Section 302.309.5(f);

Any person whose commercial driver's license is disqualified (the person may obtain hardship privileges for Class F driving, if eligible);

Any person suspended under the Administrative Alcohol or Zero tolerance law until the person has completed thirty (30) days of such suspension, although it is not recommended;

Any person revoked under the Administrative Alcohol or Zero Tolerance law for one year -- RSMo. Section 302.525.2;

Any person who has been issued a hardship license in the past five years.

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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