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

J, Matthew Guilfoil, Kenney Shepherd & Guilfoil, L.L.C. 1656 Washington, Suite 220 Kansas City, Missouri 64108 (816) 842-3717 phone, 1-866-DWI-MATT Toll Free Number; Email: info@ksg-law.com

 

Websites:

http://missouri-dui-dwi-defense.com

 

http://www.drunkdrivingdefense.com/missouri-dui-attorney-guilfoil/ (www.drunkdrivingdefense.com Missouri affiliate)

 

http://www.dui-dwi.com/missouri-dui-attorney-guilfoil/

(www.dui-dwi.com Missouri Affliate)

 

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

Kansas City, North Kansas City, Independence, Liberty, Blue Springs, Buckner, Grain Valley, Grandview, Greenwood, Lake Lotawana, Lake Tapawingo, Lee's Summit, Lone Jack, Oak Grove, Raytown, Sugar Creek, Gladstone, Excelsior Springs, Claycomo, Holt, Kearney, Lawson, Mosby, Oakview, Oakwood, Pleasant Valley, Randolph, Smithville, Dearborn, Edgerton, Ferrelview, Houston Lake, Lake Waukomis, Northmoor, Parkville, Platte City, Platte Woods, Riverside, Tracy, Weatherby Lake, Weston, Archie, Belton, Harrisonville, Lake Winnebago, Peculiar, Pleasant Hill, Raymore, Warrensburg, Knob Noster, Alma, Bates City, Concordia, Corder, Emma, Higginsville, Lexington, Odessa, Wellington, Adair County, Andrew County, Atchison County, Audrain County, Barry County, Bates County, Benton County, Bollinger County, Boone County, Buchanan County, Butler County, Caldwell County, Callaway County, Camden County, Carroll County, Carter County, Cass County, Cedar County, Charlton County, Christian County, Clark County, Clay County, Clinton County, Cole County, Cooper County, Dade County, Dallas County, Daviess County, De Kalb County, Dent County, Douglas County, Franklin County, Gasconade County, Gentry County, Greene County, Grundy County, Harrison County, Henry County, Hickory County, Holt County, Howard County, Howell County, Iron County, Jackson County, Jasper County, Jefferson County, Johnson County, Knox County, Laclede County, Lafayette County, Lawrence County, Lewis County, Linn County, Macon County, Marion County, Mercer County, Miller County, Oregon County, Osage County, Ozark County, Pemiscot County, Pettis County, Phelps County, Pike County, Platte County, Polk County, Pulaski County, Putnam County, Ralls County, Randolph County, Ray County, Ripley County, Saline County, Schuyler County, Scotland County, Scott County, Shannon County, Shelby County, St Charles County, St Clair County, St Francois, Stone County, Sullivan County, Taney County, Texas County, Vernon County, Warren County, Wayne County, Webster County, Worth County, Wright County.