SECOND REGULAR SESSION

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1169 & 1271

88TH GENERAL ASSEMBLY

Reported from the Committee on Civil and Criminal Jurisprudence, May 2, 1996, with recommendation that the Senate Committee Substitute do pass.

TERRY L. SPIELER, Secretary.

S2855.15C

AN ACT

To repeal sections 43.506, 82.1000, 302.060, 302.304, 302.309, 302.505, 302.510, 302.520, 302.530, 302.535, 302.540, 302.541, 479.020, 479.040, 479.500, 577.001, 577.012, 577.020, 577.021, 577.037, 577.039, 577.041, 577.049, 577.520 and 577.525, RSMo 1994, and sections 302.010, 302.171, 302.302, 302.312 and 577.614, RSMo Supp. 1995, relating to operation of motor vehicles, and to enact in lieu thereof thirty-two new sections relating to the same subject.

Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A.  Sections 43.506, 82.1000, 302.060, 302.304, 302.309, 302.505, 302.510, 302.520, 302.530, 302.535, 302.540, 302.541, 479.020, 479.040, 479.500, 577.001, 577.012, 577.020, 577.021, 577.037, 577.039, 577.041, 577.049, 577.520 and 577.525, RSMo 1994, and sections 302.010, 302.171, 302.302, 302.312 and 577.614, RSMo Supp. 1995, are repealed and thirty-two new sections enacted in lieu thereof, to be known as sections 43.506, 82.1000, 302.010, 302.060, 302.171, 302.302, 302.304, 302.309, 302.312, 302.505, 302.510, 302.520, 302.530, 302.535, 302.536, 302.540, 302.541, 479.020, 479.040, 479.500, 577.001, 577.012, 577.020, 577.021, 577.037, 577.039, 577.041, 577.049, 577.520, 577.525, 577.614 and 610.127, to read as follows:

43.506.  1.  Those offenses considered reportable for the purposes of sections 43.500 to 43.530 include all felonies and serious or aggravated misdemeanors consistent with the reporting standards established by the National Crime Information Center, Federal Bureau of Investigation, for the Federal Interstate Identification Index System.  In addition, all cases arising [under] pursuant to sections 566.010 to 566.141, RSMo, where the defendant pleads guilty to an offense involving a child under seventeen years of age and the court imposes a suspended imposition of sentence shall be reported.  The following types of offenses [will] shall not be considered reportable for the purposes of sections 57.403, RSMo, 43.500 to 43.530, and 595.200 to 595.218, RSMo: disturbing the peace, curfew violation, loitering, false fire alarm, disorderly conduct, nonspecific charges of suspicion or investigation, and general traffic violations and all misdemeanor violations of the state wildlife code.  [Second and subsequent offense traffic] All violations for driving under the influence of drugs or alcohol are reportable.  All offenses considered reportable shall be reviewed annually and noted in the Missouri charge code manual established in section 43.512.  All information collected [under] pursuant to sections 43.500 to 43.530 shall be available only as set forth in section 610.120, RSMo.

2.  With the exception of the manual reporting of arrests and fingerprints by law enforcement agencies as noted in subsection 2 of section 43.503, and notwithstanding subsections 2 to 7 of section 43.503, law enforcement agencies, court clerks, prosecutors and custody agencies may report required information by electronic medium either directly to the central repository or indirectly to the central repository via other criminal justice agency computer systems in the state with the approval of the advisory committee.

3.  In addition to the repository of fingerprint records for individual offenders, the central repository of criminal history records for the state shall maintain a repository of latent prints.

82.1000.  1.  In addition to forfeiture proceedings pursuant to sections 513.600 to 513.645, RSMo, the governing body of any constitutional charter city having a population of more than one hundred thousand inhabitants and located within a county of the first classification that adjoins no other county of the first classification may enact ordinances which would subject to forfeiture any motor vehicle operated by a person with one or more prior convictions for an intoxication­related traffic offense, as defined in section 577.023, RSMo, who is prohibited from obtaining a license to operate a motor vehicle by the director of revenue pursuant to subdivision (9) or (10) of section 302.060, RSMo, or who has [his] the person's license to operate a motor vehicle suspended or revoked, as a result of a finding or a plea of guilty to:

(1)  Any intoxication­related traffic offense as defined in section 577.023, RSMo; or

(2)  Involuntary manslaughter as a result of operating a motor vehicle while in an intoxicated condition as defined in section 565.024, RSMo.

Such forfeiture pursuant to this subsection shall only be allowed if such person operates a motor vehicle while [his] the person's license to operate a motor vehicle is under such a suspension or revocation.

2.  The ordinance allowing forfeitures pursuant to this section may also provide for the impoundment and forfeiture of a motor vehicle operated by any person who is classified as a prior offender or persistent offender pursuant to section 577.023, RSMo, after the effective date of such ordinance, except that a judgment of forfeiture may only be rendered if there is a conviction of an intoxication­related traffic offense which causes the owner of the motor vehicle to be classified as a prior or persistent offender.

3.  The ordinance allowing the forfeitures pursuant to this section may also provide for the impoundment and forfeiture of a motor vehicle operated by any person who has previously been [adjudicated in a prior criminal proceeding to be either a persistent offender or a prior offender] convicted of two or more intoxication-related traffic offenses, as defined in section 577.023, RSMo, and who thereafter, pursuant to a chemical test conducted in accordance with sections 577.020 to 577.041, RSMo, is determined upon probable cause to have been driving a motor vehicle with a blood­alcohol concentration equal to or greater than the blood­alcohol percentage concentration specified in subsection 1 of section 302.520, RSMo, or any such person who, pursuant to section 577.041, RSMo, has been requested to submit to a chemical test as described [under] pursuant to that section, and refused to submit to such test.  [No ordinance allowing forfeiture shall apply to any person who has received an otherwise lawful license or permit to operate a motor vehicle.]

4.  All forfeiture proceedings pursuant to this section shall be conducted in accordance with sections 513.600 to 513.645, RSMo, except the forfeiture proceeding shall be brought by the city attorney for the city which enacted such ordinances.

5.  The ordinance shall also provide that any person claiming an ownership interest in the motor vehicle subject to forfeiture shall have all the defenses to the forfeiture proceeding available to them which they may be entitled to raise [under] pursuant to sections 513.600 to 513.645, RSMo.  The ordinance shall further provide that, in the event the title documents registered with the department of revenue for the motor vehicle subject to forfeiture, at the time of the action giving rise to the forfeiture proceeding, list persons as owners or coowners of the vehicle in addition to or other than the operator, and the nonoperator owner of the motor vehicle has not previously been the operator of[,] a motor vehicle which has been the subject of a forfeiture proceeding authorized by this section, the motor vehicle shall be returned to the nonoperator registered owner and all costs associated with the seizure, towing, storage and impoundment of the vehicle, and the payment of all court costs and reasonable attorney fees associated with the forfeiture proceeding shall be paid by the operator of [said] the vehicle.  To be entitled to return of the vehicle all owners shall execute a written agreement with the municipality stipulating and consenting to the seizure and forfeiture of the motor vehicle in the event such motor vehicle is subsequently operated by the same operator [while in an intoxicated condition] under circumstances which would allow the municipality to seek forfeiture of such vehicle [under the] pursuant to an ordinance [enacted pursuant to] authorized by this section.

302.010.  Except where otherwise provided, when used in this chapter, the following words and phrases mean:

(1)  "Circuit court", each circuit court in the state;

(2)  "Commercial motor vehicle", a motor vehicle designed or regularly used for carrying freight and merchandise, or more than fifteen passengers;

(3)  "Conviction", any final conviction; also a forfeiture of bail or collateral deposited to secure a defendant's appearance in court, which forfeiture has not been vacated, shall be equivalent to a conviction, except that when any conviction as a result of which points are assessed [under] pursuant to section 302.302 is appealed, the term "conviction" means the original judgment of conviction for the purpose of determining the assessment of points, and the date of final judgment affirming the conviction shall be the date determining the beginning of any license suspension or revocation [under] pursuant to section 302.304;

(4)  "Director", the director of revenue acting directly or through [his] the director's authorized officers and agents;

(5)  "Farm tractor", every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of husbandry;

(6)  "Highway", any public thoroughfare for vehicles, including state roads, county roads and public streets, avenues, boulevards, parkways, or alleys in any municipality;

(7)  "Incompetent to drive a motor vehicle", a person who has become physically incapable of meeting the prescribed requirements of an examination for an operator's license, or who has been adjudged by a probate division of the circuit court in a capacity hearing of being incapacitated;

(8)  "License", a license issued by a state to a person which authorizes a person to operate a motor vehicle;

(9)  "Motor vehicle", any self­propelled vehicle not operated exclusively upon tracks except motorized bicycles, as defined in section 307.180, RSMo;

(10)  "Motorcycle", a motor vehicle operated on two wheels; however, this definition shall not include motorized bicycles as defined in section 301.010, RSMo;

(11)  "Motortricycle", a motor vehicle operated on three wheels, including a motorcycle operated with any conveyance, temporary or otherwise, requiring the use of a third wheel;

(12)  "Moving violation", that character of traffic violation where at the time of violation the motor vehicle involved is in motion, except that the term does not include the driving of a motor vehicle without a valid motor vehicle registration license, or violations of sections 304.170 to 304.240, RSMo, inclusive, relating to sizes and weights of vehicles;

(13)  "Municipal court", every division of the circuit court having original jurisdiction to try persons for violations of city ordinances;

(14)  "Nonresident", every person who is not a resident of this state;

(15)  "Operator", every person who is in actual physical control of a motor vehicle upon a highway;

(16)  "Owner", a person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of sections 302.010 to 302.540;

(17)  "Record" includes, but is not limited to, papers, documents, facsimile information, microphotographic process, electronically generated or electronically recorded information, digitized images, deposited or filed with the department of revenue;

(18)  "School bus", when used in sections 302.010 to 302.540, means any motor vehicle, either publicly or privately owned, used to transport students to and from school, or to transport pupils properly chaperoned to and from any place within the state for educational purposes.  The term "school bus" shall not include a bus operated by a public utility, municipal corporation or common carrier authorized to conduct local or interstate transportation of passengers when such bus is not traveling a specific school bus route but is:

(a)  On a regularly scheduled route for the transportation of fare­paying passengers; or

(b)  Furnishing charter service for the transportation of persons enrolled as students on field trips or other special trips or in connection with other special events;

(19)  "School bus operator", an operator who operates a school bus as defined in subdivision (18) of this section in the transportation of any school children and who receives compensation for such service.  The term "school bus operator" shall not include any person who transports school children as an incident to [his] employment with a school or school district, such as a teacher, coach, administrator, secretary, school nurse, or janitor unless such person is under contract with or employed by a school or school district as a school bus operator;

(20)  "Signature", any method determined by the director of revenue for the signing, subscribing or verifying of a record, report, application, driver's license, or other related document that shall have the same validity and consequences as the actual signing by the person providing the record, report, application, driver's license or related document;

(21)  "Substance abuse traffic offender program", a program certified by the division of alcohol and drug abuse of the department of mental health to provide education or rehabilitation services pursuant to a professional assessment screening to identify the individual needs of the person who has been referred to the program as the result of an alcohol or drug related traffic offense.  Successful completion of such a program includes participation in any education or rehabilitation program required to meet the needs identified in the assessment screening.  The assignment recommendations based upon such assessment shall be subject to court approval as provided in subsection 13 of section 302.304 and subsection 5 of section 302.540;

[(21)]  (22)  "Vehicle", any mechanical device on wheels, designed primarily for use, or used on highways, except motorized bicycles, vehicles propelled or drawn by horses or human power, or vehicles used exclusively on fixed rails or tracks, or cotton trailers or motorized wheelchairs operated by handicapped persons.

302.060.  The director shall not issue any license [hereunder] and shall immediately deny any driving privilege:

(1)  To any person who is under the age of eighteen years, if such person operates a motor vehicle in the transportation of persons or property as classified in section 302.015;

(2)  To any person who is under the age of sixteen years, except as hereinafter provided;

(3)  To any person whose license has been suspended, during such suspension, or to any person whose license has been revoked, until the expiration of one year after such license was revoked;

(4)  To any person who is an habitual drunkard or is addicted to the use of narcotic drugs;

(5)  To any person who has previously been adjudged to be incapacitated and who at the time of application has not been restored to partial capacity;

(6)  To any person who, when required by this law to take an examination, has failed to pass such examination;

(7)  To any person who has an unsatisfied judgment against [him] such person, as defined in chapter 303, RSMo, until such judgment has been satisfied or the financial responsibility of such person, as defined in section 303.120, RSMo, has been established;

(8)  To any person whose application shows that [he] the person has been convicted within one year prior to such application of violating the laws of this state relating to failure to stop after an accident and to disclose [his] the person's identity or driving a motor vehicle without the owner's consent;

(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 [his] the petitioner's habits and conduct show [him] 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 [he] the petitioner is otherwise qualified [under] pursuant to the provisions of sections 302.010 to 302.540.  No person may obtain a license [under] pursuant to the provisions of this subdivision through court action more than one time;

(10)  To any person who has been convicted twice within a five­year period 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, of driving while intoxicated, or who has been convicted of the crime of involuntary manslaughter while operating a motor vehicle in an intoxicated condition.  The director shall not issue a license to such person for five years from the date such person was convicted for involuntary manslaughter while operating a motor vehicle in an intoxicated condition or for driving while intoxicated for the second time.  Any person who has been denied a license for two convictions of driving while intoxicated prior to July 27, 1989, shall have [his] the person's license issued, upon application, unless the two convictions occurred within a five­year period, in which case, no license shall be issued to the person for five years from the date of the second conviction;

(11)  To any person who is otherwise disqualified [under] pursuant to the provisions of sections 302.010 to 302.780, chapter 303, RSMo, or section 544.046, RSMo.

302.171.  1.  Application for a license shall be made upon an approved form furnished by the director.  Every application shall state the full name, social security number, age, height, weight, color of eyes, color of hair, sex, residence, mailing address of the applicant, and the classification for which the applicant has been licensed, and, if so, when and by what state, and whether or not such license has ever been suspended, revoked, or disqualified, and, if revoked, suspended or disqualified, the date and reason for such suspension, revocation or disqualification and whether the applicant is making a one dollar donation to promote an organ donation program as prescribed in subsection 2 of this section.  The application shall also contain such information as the director may require to enable [him] the director to determine the applicant's qualification for driving a motor vehicle; and shall state whether or not the applicant has been convicted in this or any other state for violating the laws of this or any other state or any ordinance of any municipality, relating to careless driving, or driving while intoxicated, or failing to stop after an accident and disclosing [his] the applicant's identity, or driving a motor vehicle without the owner's consent.  The application shall contain a certification by the applicant as to the truth of the facts stated therein.  Every person who applies for a license to operate a motor vehicle who is less than twenty-one years of age shall be provided with educational materials relating to the hazards of driving while intoxicated, including information on penalties imposed by law for violation of the intoxication-related offenses of the state.

2.  An applicant for a license may make a donation of one dollar to promote an organ donor program.  The director of revenue shall collect the donations and deposit all such donations in the state treasury to the credit of the organ donor program fund established in sections 194.297 to 194.304, RSMo.  Moneys in the organ donor program fund shall be used solely for the purposes established in sections 194.297 to 194.304, RSMo, except that the department of revenue shall retain no more than one percent for its administrative costs.  The donation prescribed in this subsection is voluntary and may be refused by the applicant for the license at the time of issuance or renewal of the license.  The director shall make available an informational booklet or other informational sources on the importance of organ donations to applicants for licensure as designed by the organ donation advisory committee established in sections 194.297 to 194.304, RSMo.  The director shall inquire of each applicant at the time the licensee presents the completed application to the director whether the applicant is interested in making the one dollar donation prescribed in this subsection and whether the applicant is interested in making an organ donation and shall also specifically inform the licensee of the ability to make an organ donation by completing the form on the reverse of the license that the applicant will receive in the manner prescribed by subsection 6 of section 194.240, RSMo.  The director shall notify the department of health of information obtained from applicants who indicate to the director that they are interested in making organ donations, and the department of health shall enter only the complete name and address in the registry established in subsection 1 of section 194.304, RSMo.

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 traffic ordinance not listed in this

section, other than a violation of vehicle equipment

provisions      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 license after suspension

or revocation and prior to restoration of operating

privileges which have been suspended or revoked     12 points

(6)  Obtaining a license by misrepresentation     12 points

(7)  For the first conviction of driving while in an

intoxicated condition or under the influence of controlled

substances or drugs      8 points

(8)  For the second or subsequent conviction of

[driving while in an intoxicated condition or under the

influence of controlled substances or drugs or  for the

second or any subsequent conviction for driving with

blood alcohol content of ten­hundredths of one percent or

more by weight or for the first conviction of driving

while in an intoxicated condition or under the influence

of controlled substances or drugs after a previous

conviction for driving with blood alcohol content of

ten­hundredths of one percent or more by weight or for

the first conviction of driving with blood alcohol content

of ten­hundredths of one percent or more by weight after

a previous conviction for driving while in an intoxicated

condition or under the influence of controlled substances

or drugs] any of the following offenses: driving while in

an intoxicated condition, driving under the influence of

controlled substances or drugs or driving with a blood

alcohol content of ten-hundredths of one percent or more

by weight    12 points

(9)  For the first conviction for driving with blood

alcohol content ten­hundredths of one percent or more by

weight

In violation of state law  [6] 8 points

In violation of a county or municipal ordinance  [6] 8 points

(10)  Any felony involving the use of a motor

vehicle     12 points

(11)  Knowingly permitting unlicensed operator to

operate a motor vehicle      4 points

2.  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.

3.  When any of the acts listed in subdivision (2), (3), (4) or (7) 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 (7), (8) and (9) of subsection 1 of this section, no person shall be tried or convicted for more than one offense under subdivisions (7), (8) and (9) of subsection 1 of this section for offenses arising out of the same occurrence.

4.  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 under subdivision (1), (2), or (4) of subsection 1 of this section or under subsection 2 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 eight­hour "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 under 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 thirty­six­month period and must 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 under 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.

302.304.  1.  The director shall notify by ordinary mail any operator of the point value charged against his record when the record shows four or more points have been accumulated in a twelve­month period.

2.  The director shall suspend the license and driving privileges of any person whose driving record shows he has accumulated eight points in eighteen months.

3.  The license and driving privilege of any person whose license and driving privilege has been suspended under the provisions of sections 302.010 to 302.540 except those persons whose license and driving privilege has been suspended under the provisions of subdivision (7) of subsection 1 of section 302.302 or has accumulated sufficient points together with a conviction under subdivision (9) of subsection 1 of section 302.302 and who has filed proof of financial responsibility with the bureau of safety responsibility, department of revenue, in accordance with chapter 303, RSMo, and is otherwise eligible, shall be reinstated as follows:

(1)  In the case of an initial suspension, thirty days after the effective date of the suspension;

(2)  In the case of a second suspension, sixty days after the effective date of the suspension;

(3)  In the case of the third and subsequent suspensions, ninety days after the effective date of the suspension.  Unless proof of financial responsibility is filed with the driver's license bureau, a suspension shall continue in effect for two years from its effective date.

4.  The period of suspension of the driver's license and driving privilege of any person under the provisions of subdivision (7) of subsection 1 of section 302.302 or who has accumulated sufficient points together with a conviction under subdivision (9) of subsection 1 of section 302.302 shall be thirty days, followed by a sixty­day period of restricted driving privilege issued by the director of revenue for the limited purpose of driving between a residence and a place of employment, or to and from an alcohol education or treatment program, or for both between a residence and a place of employment and to and from such a program.  Upon completion of such period of restricted driving privilege, upon compliance with other requirements of law and upon filing of proof of financial responsibility with the bureau of safety responsibility, department of revenue, in accordance with chapter 303, RSMo, the license and driving privilege shall be reinstated.

5.  If the person fails to maintain proof of financial responsibility in accordance with chapter 303, RSMo, his driving privilege and license shall be resuspended.

6.  The director shall revoke the license and driving privileges of any person when his driving record shows he has accumulated twelve points in twelve months or eighteen points in twenty­four months or twenty­four points in thirty­six months.  The revocation period of any person whose license and driving privilege has been revoked under the provisions of sections 302.010 to 302.540 and who has filed proof of financial responsibility with the bureau of safety responsibility in accordance with chapter 303, RSMo, and is otherwise eligible, shall be terminated by a notice from the director of revenue after one year from the effective date of the revocation.  Unless proof of financial responsibility is filed with the bureau of safety responsibility, except as provided in subsection 2 of section 302.541, the revocation shall remain in effect for a period of two years from its effective date.  If the person fails to maintain proof of financial responsibility in accordance with chapter 303, RSMo, his license and driving privilege shall be rerevoked.  Any person whose license and driving privilege has been revoked under the provisions of sections 302.010 to 302.540 shall, upon receipt of the notice of termination of the revocation from the director, pass the complete driver examination and apply for a new license before again operating a motor vehicle upon the highways of this state.

7.  If, prior to conviction for an offense that would require suspension or revocation of a person's license under the provisions of this section, his total points accumulated are reduced, pursuant to the provisions of section 302.306, below the number of points required for suspension or revocation pursuant to the provisions of this section, then the person's license shall not be suspended or revoked until the necessary points are again obtained and accumulated.

8.  If any person shall neglect or refuse to surrender his license, as provided herein, the director shall direct the state highway patrol or any peace or police officer to secure possession thereof and return it to the director.

9.  Upon the issuance of a reinstatement or termination notice after a suspension or revocation of any person's license and driving privilege under the provisions of sections 302.010 to 302.540, the accumulated point value shall be reduced to four points, except that the points of any person serving as a member of the armed forces of the United States outside the limits of the United States during a period of suspension or revocation shall be reduced to zero upon the date of the reinstatement or termination of notice.  It shall be the responsibility of the serviceman to submit copies of official orders to the director of revenue to substantiate such overseas service.  Any other provision of sections 302.010 to 302.540 to the contrary notwithstanding, the effective date of the four points remaining on the record upon reinstatement or termination shall be the date of the reinstatement or termination notice.

10.  No credit toward reduction of points shall be given during periods of suspension or revocation or any period of driving under a hardship driving privilege granted by a court.

11.  Any person or nonresident whose license or privilege to operate a motor vehicle in this state has been suspended or revoked under this or any other law shall, before having the license or privilege to operate a motor vehicle reinstated, pay to the director a reinstatement fee of twenty dollars which shall be in addition to all other fees provided by law.

12.  Notwithstanding any other provision of law to the contrary, if after two years from the effective date of any suspension or revocation issued under this chapter, the person or nonresident has not paid the reinstatement fee of twenty dollars, the director shall reinstate such license or privilege to operate a motor vehicle in this state.

13.  No person who has had a license to operate a motor vehicle suspended or revoked as a result of an assessment of points for a violation under subdivision (7), (8) or (9) of subsection 1 of section 302.302 shall have that license reinstated until such person has participated in and successfully completed a substance abuse traffic offender program defined in section 302.010, except the department or the court may waive such requirement upon completion of a comparable program or upon good cause shown.  Assignment recommendations, based upon the needs assessment as described in subdivision (21) of section 302.010, shall be delivered in writing to the person with instructions that the person is entitled to have such assignment recommendations reviewed by the court.  The person may file a motion in the associate division of the circuit court, on a printed form provided by the department of revenue, to have the court review such assessment.  The court shall approve or reject the assignment recommendations made by the assessment in a summary manner.  Such assessment and compliance with the court determination of the motion shall satisfy the provisions of this section for the purpose of reinstating such person's license to operate a motor vehicle.

14.  The fees for the program authorized in subsection 13 of this section, or a portion thereof to be determined by the department of mental health, shall be paid by the person enrolled in the program.  Any person who is enrolled in the program shall pay, in addition to any fee charged for the program, a supplemental fee of sixty dollars.  The administrator of the program shall remit to the division of alcohol and drug abuse of the department of mental health the supplemental fee for all persons enrolled in the program, less two percent for administrative costs.  The supplemental fees received by the department of mental health pursuant to this section shall be deposited in the mental health earnings fund which is created in section 630.053, RSMo.

302.309.  1.  Whenever any license is suspended [under] 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 under 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 [for hardship] and make eligibility determinations granting limited driving privileges[, and such applications may be heard and determined by either circuit or associate circuit judges.] or the application may be made in writing to the director of revenue and the person's reasons for requesting the limited driving privileges 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 [himself] 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 [court order] limited driving privileges 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 [his] the operator's principal place of business or employment.  Any application for a [hardship] 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 privileges, and shall be accompanied by a copy of the applicant's driving record as certified by the director.  Any [application by such operator] applicant for a [hardship] limited driving privilege shall [also be accompanied by] 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 [in its] or the director has discretion [may] to grant the [hardship] 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 [court's order] limited driving privilege must state such restriction.  When operating such vehicle under such restriction the person [must] shall carry proof that the owner has complied with chapter 303, RSMo, for that vehicle.

(4)  The court order [granting the hardship] or the director's grant of the limited driving privilege shall indicate the termination date of the [order] privilege, which shall be not later than the end of the period of suspension or revocation.  A copy of [the] 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 him whenever he operates].  The director of revenue 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 under the provisions of 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 under the authority of a [court order] limited driving privilege terminates the [order, and the court in which the conviction occurs shall immediately so notify the driver, the director and the court which granted the order.] 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 hardship driving privilege whose license has been suspended or revoked for the following reasons or who meets the following criteria:

(a)  [Who has been convicted] 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 [under] pursuant to this chapter;

(b)  [Who has been convicted] A conviction of any felony in the commission of which a motor vehicle was used;

(c)  [Who at the time he applies for such hardship driving privilege would not be eligible] 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)  [Who at the time he applies for a hardship driving privilege has previously been granted such a privilege within the period of five years next preceding such application;

(f)  Whose license has been revoked] Due to a revocation for the first time for failure to submit to a chemical test pursuant to section 577.041, RSMo, or [for] due to a refusal to submit to a chemical test in any other state, [and who] if such person has not completed the first ninety days of such revocation;

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

[(h)]  (g)  [Who has had his] Disqualification of a commercial driver's license [disqualified under] 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 hardship driving privileges to operate a commercial vehicle, if otherwise eligible for such hardship privilege; or

[(i)]  (h)  [Who has received] Due to a suspension [under] pursuant to subsection 2 of section 302.525 and who has not completed the first thirty days of such suspension, provided [he] the person is not otherwise ineligible for [hardship] limited driving privileges; or [who has received] due to a revocation under subsection 2 of section 302.525 [and who] 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 [his] 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 limited driving privileges [under] pursuant to this subsection if such person has served at least three years of such disqualification or revocation.  Such [a] 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 [his] the person's habits and conduct show that the person no longer poses a threat to the public safety of this state[;].

(b)  A circuit court or the director may, in the manner prescribed in this subsection, allow a person who has had [his] such person's license to operate a motor vehicle revoked where that person cannot obtain a new license for a period of five years, as prescribed in subdivision (10) of section 302.060, to apply for limited driving privileges [under] pursuant to this subsection if such person has served at least two years of such disqualification or revocation.  Such [a] 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 [his] 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 alcohol­related conviction subsequent to a restoration of [his] such person's driving privileges [under] pursuant to subdivision (9) of section 302.060 shall not be eligible for limited driving privileges [under] pursuant to the provisions of this subdivision.  

4.  Any person who has received notice of denial of a request of limited driving privileges 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 solely upon the records of the department of revenue and shall be limited to a review of whether the applicant was entitled to the limited driving privileges as a matter of law.

5.  The director of revenue shall promulgate rules and regulations necessary to carry out the provisions of this section.

302.312.  1.  Copies of all papers, documents, and records lawfully deposited or filed in the offices of the department of revenue or the bureau of vital records of the department of health and copies of any records, properly certified by the appropriate custodian or the director, shall be admissible as evidence in all courts of this state and in all administrative proceedings.  [Before being admitted in evidence, the record shall be identified and proper foundation shall be laid.]

2.  A computer terminal printout of an individual driving record through the Missouri uniform law enforcement system from the department of revenue database, certified by an officer of the local law enforcement agency, shall be admissible in evidence in all courts of this state.  A local law enforcement agency equipped with a computer terminal shall provide a motor vehicle driver with a copy of such printout relating to the license of [same] such motor vehicle driver upon the execution of a written request.  The local law enforcement agency may charge an administrative fee not to exceed five dollars per copy.

302.505.  1.  The department shall suspend or revoke the license of any person upon its determination that the person was arrested upon probable cause to believe [he] such person was driving a motor vehicle while the alcohol concentration in the person's blood [or], breath, or urine was ten­hundredths of one percent or more by weight [of alcohol in his blood], based on the definition of alcohol concentration in section 302.500, or where such person was less than twenty-one years of age when stopped and was stopped upon reasonable suspicion to believe such person was "driving while intoxicated" in violation of section 577.010, RSMo, or "driving with excessive blood alcohol content" in violation of section 577.012, RSMo, or upon reasonable suspicion to believe such person violated a county or municipal alcohol related traffic offense and such person was driving with a blood alcohol content of two-hundredths of one percent or more by weight.

2.  The department shall make a determination of these facts on the basis of the report of a law enforcement officer required in section 302.510, and this determination shall be final unless a hearing is requested and held.  If a hearing is held, the department shall review the matter and make a final determination on the basis of evidence received at the hearing.

3.  The determination of these facts by the department is independent of the determination of the same or similar facts in the adjudication of any criminal charges arising out of the same occurrence.  The disposition of those criminal charges shall not affect any suspension or revocation under this section.

302.510.  1.  Except as provided in subsection 3 of this section, a law enforcement officer who arrests any person for a violation of [section 577.010 or 577.012, RSMo,] any state statute related to driving while intoxicated or for a violation of a county or municipal ordinance prohibiting driving while intoxicated or a county or municipal alcohol related traffic offense, and in which the alcohol concentration in the person's blood [or], breath, or urine was ten­hundredths of one percent or more by weight or two-hundredths of one percent or more by weight for anyone less than twenty-one years of age, shall forward to the department a verified report of all information relevant to the enforcement action, including information which adequately identifies the arrested person, a statement of the officer's grounds for belief that the person violated [section 577.010 or 577.012, RSMo,] any state statute related to driving while intoxicated or was less than twenty-one years of age and was driving with two-hundredths of one percent or more by weight of alcohol in the person's blood, or a county or municipal ordinance prohibiting driving while intoxicated or a county or municipal alcohol related traffic offense, a report of the results of any chemical tests which were conducted, and a copy of the citation and complaint filed with the court.

2.  The report required by this section shall be made on forms supplied by the department or in a manner specified by regulations of the department.

3.  A county or municipal ordinance prohibiting driving while intoxicated or a county or municipal alcohol related traffic offense may not be the basis for suspension or revocation of a driver's license pursuant to sections 302.500 to 302.540, unless the arresting law enforcement officer, other than an elected peace officer or official, has been certified by the director of the department of public safety pursuant to the provisions of sections 590.100 to [590.150] 590.180, RSMo.

302.520.  1.  Whenever the chemical test results are available to the law enforcement officer while the arrested person is still in custody, and where the results show an alcohol concentration of ten­hundredths of one percent or more by weight of alcohol in [his] such person's blood or where such person is less than twenty-one years of age and the results show that there is two-hundredths of one percent or more of alcohol in the person's blood, the officer, acting on behalf of the department, shall serve the notice of suspension or revocation personally on the arrested person.

2.  When the law enforcement officer serves the notice of suspension or revocation, the officer shall take possession of any driver's license issued by this state which is held by the person.  When the officer takes possession of a valid driver's license issued by this state, the officer, acting on behalf of the department, shall issue a temporary permit which is valid for fifteen days after its date of issuance and shall also give the person arrested a notice which shall inform [him of his] the person of all rights and responsibilities [under] pursuant to sections 302.500 to 302.540.  The notice shall be in such form so that the arrested person may sign the original as evidence of [his] receipt thereof.  The notice shall also contain a detachable form permitting the arrested person to request a hearing.  Signing the hearing request form and mailing such request to the department shall constitute a formal application for a hearing.

3.  A copy of the completed notice of suspension or revocation form, a copy of any completed temporary permit form, a copy of the notice of rights and responsibilities given to the arrested person, including any request for hearing, and any driver's license taken into possession [under] pursuant to this section shall be forwarded to the department by the officer along with the report required in section 302.510.

4.  The department shall provide forms for notice of suspension or revocation, for notice of rights and responsibilities, for request for a hearing and for temporary permits to law enforcement agencies.

302.530.  1.  Any person who has received a notice of suspension or revocation may make a request within fifteen days of receipt of the notice for a review of the department's determination at a hearing.  If the person's driver's license has not been previously surrendered, it [must] shall be surrendered at the time the request for a hearing is made.

2.  At the time the request for a hearing is made, if it appears from the record that the person is the holder of a valid driver's license issued by this state, and that the driver's license has been surrendered as required, the department shall issue a temporary permit which [will] shall be valid until the scheduled date for the hearing.  The department may later issue an additional temporary permit or permits in order to stay the effective date of the suspension or revocation until the final order is issued following the hearing, as required by section 302.520.

3.  The hearing [shall] may be held by telephone, or if requested by the person, such person's attorney or representative, in the county where the arrest was made.  The hearing shall be conducted by examiners who are licensed to practice law in the state of Missouri and who are employed by the department on a part­time or full­time basis as the department may determine.

4.  The sole issue at the hearing shall be whether by a preponderance of the evidence the person was driving a vehicle [under] pursuant to the circumstances set out in section 302.505.  The burden of proof shall be on the state to adduce such evidence.  If the department finds the affirmative of this issue, the suspension or revocation order shall be sustained.  If the department finds the negative of the issue, the suspension or revocation order shall be rescinded.

5.  The procedure at such hearing shall be conducted in accordance with chapter 536, RSMo, not otherwise in conflict with sections 302.500 to 302.540.

6.  The department shall promptly notify, by certified letter, the person of its decision including the reasons for that decision.  Such notification shall include a notice advising the person that the department's decision shall be final within fifteen days from the date of certification of the letter unless the person challenges the department's decision within that time period by filing an appeal in the circuit court in the county where the arrest occurred.

7.  Unless the person, within fifteen days after being notified by certified letter of the department's decision, files an appeal for judicial review pursuant to section 302.535, the decision of the department shall be final.

8.  The director may adopt any rules and regulations necessary to carry out the provisions of this section.

302.535.  1.  Any person aggrieved by a decision of the department may file a petition for trial de novo by the circuit court.  The burden of proof shall be on the state to adduce the evidence.  Such trial shall be conducted pursuant to the Missouri rules of civil procedure and not as an appeal of an administrative decision pursuant to chapter 536, RSMo.  The petition shall be filed in the circuit court of the county where the arrest occurred.  The case shall be decided by the judge sitting without a jury.  The presiding judge of the circuit court may assign a traffic judge, pursuant to 479.500, RSMo 1994, a circuit judge or an associate circuit judge to hear such petition.

2.  The filing of a petition for trial de novo shall not result in a stay of the suspension or revocation order.  But upon the filing of such petition, a restricted driving privilege for the limited purpose of driving in connection with the petitioner's business, occupation, employment, or formal program of secondary, postsecondary or higher education shall be issued by the department if the person's driving record shows no prior alcohol related enforcement contact during the immediately preceding five years.  Such limited driving privilege shall terminate on the date of the disposition of the petition for trial de novo.

3.  In addition to the limited driving privilege as permitted in subsection 2 of this section, the department may upon the filing of a petition for trial de novo issue a restricted driving privilege for the limited purpose of driving in connection with the petitioner's business, occupation, employment, or formal program of secondary, postsecondary or higher education.  In determining whether to issue such a restrictive driving privilege, the department shall consider the number and the seriousness of prior convictions and the entire driving record of the driver.

4.  Such time of restricted driving privilege pending disposition of trial de novo shall be counted toward any time of restricted driving privilege imposed pursuant to section 302.525.  Nothing in this subsection shall be construed to prevent a person from maintaining his restricted driving privilege for an additional sixty days in order to meet the conditions imposed by section 302.540 for reinstating a person's driver's license.

302.536.  If the judge upholds the department's ruling to suspend or revoke a person's license after a hearing conducted pursuant to subsection 1 of section 302.535, and the person appeals such ruling, the department shall pay any court costs and attorney fees the person incurs pursuant to such appeal if the court reverses the department's ruling to suspend or revoke such person's license.

302.540.  1.  [No person who has had his or her driver's license suspended or revoked under the provisions of sections 302.500 to 302.540 shall have that license reinstated until he or she has participated in and successfully completed an alcohol or drug related traffic offender education or rehabilitation program which meets or exceeds minimum standards approved by the department of mental health, except the department may waive such requirement upon completion of a comparable program or upon good cause shown.

2.  Beginning July 1, 1994, the program shall provide a professional assessment for the identification of individual needs of the person who has had his or her driver's license suspended or revoked, and who is referred to the program.  If the assessment results in a recommendation that the offender participate in a subsequent education or rehabilitation program, the court may order that the offender complete such program.

3.  The cost of the program shall be paid by the person attending the program.  Any person who attends the program shall pay, in addition to any fee charged for the program, a supplemental fee of sixty dollars.  The administrator of the program shall remit to the division of alcohol and drug abuse of the department of mental health the supplemental fees for all persons enrolled in the program, less two percent for administration costs.  The supplemental fees received by the department of mental health pursuant to this section shall be deposited in the mental health earnings fund which is created in section 630.053, RSMo.

4.  The department shall send a record of the participation and completion by the person of such program to the Missouri highway patrol for inclusion in the Missouri uniform law enforcement systems records.

5.  Court ordered participation in an alcohol or drug related traffic offender education or rehabilitation program pursuant to section 577.049, RSMo, shall satisfy the requirements of this section if the court action arose out of the same occurrence that resulted in a person's license being administratively suspended or revoked] No person who has had a license to operate a motor vehicle suspended or revoked under the provisions of sections 302.500 to 302.540 shall have that license reinstated until such person has participated in and successfully completed a substance abuse traffic offender program defined in section 302.010, except the department or the court may waive such requirement upon completion of a comparable program or upon good cause shown.  Assignment recommendations, based upon the needs assessment as described in subdivision (21) of section 302.010, shall be delivered in writing to the person with instructions that the person is entitled to have such assignment recommendations reviewed by the court.  The person may file a motion in the associate division of the circuit court, on a printed form provided by the department of revenue, to have the court review such assessment.  The court shall approve or reject the assignment recommendations made by the assessment in a summary manner.  Such assessment and compliance with the court determination of the motion shall satisfy the provisions of this section for the purpose of reinstating such person's license to operate a motor vehicle.

2.  The fees for the program authorized in subsection 1 of this section, or a portion thereof to be determined by the division of alcohol and drug abuse of the department of mental health, shall be paid by the person enrolled in the program.  Any person who is enrolled in the program shall pay, in addition to any fee charged for the program, a supplemental fee of sixty dollars.  The administrator of the program shall remit to the division of alcohol and drug abuse of the department of mental health the supplemental fee for all persons enrolled in the program, less two percent for administrative costs.  The supplemental fees received by the department of mental health pursuant to this section shall be deposited in the mental health earnings fund which is created in section 630.053, RSMo.

3.  Court-ordered participation in a substance abuse traffic offender program, pursuant to section 577.049, RSMo, shall satisfy the requirements of this section if the court action arose out of the same occurrence that resulted in a person's license being administratively suspended or revoked.

302.541.  1.  In addition to other fees required by law, any person who has had [his] a license to operate a motor vehicle suspended or revoked following a determination, [under] pursuant to section 302.505[, RSMo], or section 577.010, 577.012, 577.041 or 577.510, RSMo, or any county or municipal ordinance, where the judge in such case was an attorney and the defendant was represented by or waived the right to an attorney, that [he] such person was driving while intoxicated or with a blood alcohol content of ten­hundredths of one percent or more by weight or, where such person was at the time of the arrest less than twenty-one years of age and was driving with a blood alcohol content of two-hundredths of one percent or more by weight, shall pay an additional fee of twenty­five dollars prior to the reinstatement or reissuance of [his] the license.

2.  Any person less than twenty-one years of age whose driving privilege has been suspended or revoked solely for a first determination pursuant to sections 302.500 to 302.540 that such person was driving a motor vehicle with two-hundredths of one percent or more blood alcohol content is exempt from filing proof of financial responsibility with the department of revenue in accordance with chapter 303, RSMo, as a prerequisite for reinstatement of driving privileges or obtaining a restricted driving privilege as provided by section 302.525.

479.020.  1.  Any city, town or village, including those operating under a constitutional or special charter, may, and cities with a population of four hundred thousand or more shall, provide by ordinance or charter for the selection, tenure and compensation of a municipal judge or judges consistent with the provisions of this chapter who shall have original jurisdiction to hear and determine all violations against the ordinances of the municipality.  The method of selection of municipal judges shall be provided by charter or ordinance.  Each municipal judge shall be selected for a term of not less than two years as provided by charter or ordinance.

2.  Except where prohibited by charter or ordinance, the municipal judge may be a part­time judge and may serve as municipal judge in more than one municipality.

3.  No person shall serve as a municipal judge of any municipality with a population of seven thousand five hundred or more or of any municipality in a county of the first class with a charter form of government unless [he be] the person is licensed to practice law in this state unless, prior to January 2, 1979, [he] such person has served as municipal judge of that same municipality for at least three years.

4.  Notwithstanding any other statute, a municipal judge need not be a resident of the municipality or of the circuit in which [he] the municipal judge serves except where ordinance or charter provides otherwise.  Municipal judges shall be residents of Missouri.

5.  Judges selected under the provisions of this section shall be municipal judges of the circuit court and shall be divisions of the circuit court of the circuit in which the municipality, or major geographical portion thereof, is located.  The judges of these municipal divisions shall be subject to the rules of the circuit court which are not inconsistent with the rules of the supreme court.  The presiding judge of the circuit shall have general administrative authority over the judges and court personnel of the municipal divisions within the circuit.  Notwithstanding the foregoing provisions of this subsection, in any city with a population of over four hundred thousand with full­time municipal judges who are subject to a plan of merit selection and retention, such municipal judges and court personnel of the municipal divisions shall not be subject to court management and case docketing in the municipal divisions by the presiding judge or the rules of the circuit court of which the municipal divisions are a part.

6.  No municipal judge shall hold any other office in the municipality which [he] the municipal judge serves as judge.  The compensation of any municipal judge and other court personnel shall not be dependent in any way upon the number of cases tried, the number of guilty verdicts reached or the amount of fines imposed or collected.

7.  Municipal judges shall be at least twenty­one years of age.  No person shall serve as municipal judge after [he] that person has reached [his seventieth] that person's seventy-fifth birthday.

8.  Within six months after selection for the position, each municipal judge who is not licensed to practice law in this state shall satisfactorily complete the course of instruction for municipal judges prescribed by the supreme court.  The state courts administrator shall certify to the supreme court the names of those judges who satisfactorily complete the prescribed course.  If a municipal judge fails to complete satisfactorily the prescribed course within six months after [his] the municipal judge's selection as municipal judge, [his] the municipal judge's office shall be deemed vacant and such person shall not thereafter be permitted to serve as a municipal judge, nor shall any compensation thereafter be paid to such person for serving as municipal judge.

479.040.  1.  Any city, town or village with a population of less than four hundred thousand may elect to have the violations of its municipal ordinances heard and determined by an associate circuit judge of the [county] circuit in which the city, town or village, or the major geographical portion thereof, is located; provided, however, if such election is made, all violations of that municipality's ordinances shall be heard and determined before an associate circuit judge or judges.  If a municipality has elected to have the violations of its municipal ordinances heard and determined by an associate circuit judge, the municipality may thereafter elect to provide for a municipal judge or judges to hear such cases; provided, however, if such later election is made, all violations of that municipality's ordinances shall be heard and determined before a municipal judge.  Nothing in this subsection shall preclude the transfer or assignment of another judge to hear and determine a case or class of cases when otherwise authorized by provisions of the constitution, law, or court rule.  Nothing in this section shall preclude an election made under the provisions of subsection 4 of this section.

2.  If, after January 1, 1980, a municipality elects to have the violations of its municipal ordinances heard and determined by an associate circuit judge, the associate circuit judge or judges shall commence hearing and determining such violations six months after the municipality notifies the presiding judge of the circuit of its election.  With the consent of the presiding judge, the associate circuit judge or judges may commence hearing such violations at an earlier date.

3.  Associate circuit judges of the [county] circuit in which the municipality, or major geographical portion thereof, is located shall hear and determine violations of municipal ordinances of any municipality with a population of under four hundred thousand for which a municipal judge is not provided.

4.  Any city, town or village with a population of less than four hundred thousand located in a county which has created a county municipal court under the provisions of section 66.010, RSMo, may elect to enter into a contract with the county to have violations of municipal ordinances prosecuted, heard, and determined in the county municipal court.  If a contract is entered into under the provisions of this subsection, all violations of that municipality's ordinances shall be heard and determined in the county municipal court.  The contract may provide for a transition period after an election is made under the provisions of this subsection.

479.500.  1.  In the twenty­first judicial circuit, a majority of the circuit judges, en banc, may establish a traffic court, which shall be a division of the circuit court, and may authorize the appointment of not more than three municipal judges who shall be known as traffic judges.  The traffic judges shall be appointed by a traffic court judicial commission consisting of the presiding judge of the circuit, who shall be the chair, one circuit judge elected by the circuit judges, one associate circuit judge elected by the associate circuit judges of the circuit, and two members appointed by the county executive of St. Louis County, each of whom shall represent one of the two political parties casting the highest number of votes at the next preceding gubernatorial election.  The procedures and operations of the traffic court judicial commission shall be established by circuit court rule.

2.  Traffic judges may be authorized to act as commissioners to hear in the first instance nonfelony violations of state law involving motor vehicles, and such other offenses as may be provided by circuit court rule.  Traffic judges may also be authorized to hear in the first instance violations of county and municipal ordinances involving motor vehicles, and other county ordinance violations, as provided by circuit court rule.

[2.]  3.  In the event that a county municipal court is established pursuant to section 66.010, RSMo, which takes jurisdiction of county ordinance violations the circuit court may then authorize the appointment of no more than one traffic judge authorized to hear municipal ordinance violations other than county ordinance violations, and to act as commissioner to hear in the first instance nonfelony violations of state law involving motor vehicles, and such other offenses as may be provided by rule.  These traffic court judges also may be authorized to act as commissioners to hear in the first instance petitions to review decisions of the department of revenue or the director of revenue filed pursuant to sections 302.309, 302.311, 302.535 and 302.750, RSMo.

[3.]  4.  In establishing a traffic court, the circuit may be divided into such sectors as may be established by a majority of the circuit and associate circuit judges, en banc.  The traffic court in each sector shall hear those cases arising within the territorial limits of the sector unless a case arising within another sector is transferred as provided by operating procedures.

[4.]  5.  Traffic judges shall be licensed to practice law in this state and shall serve at the pleasure of a majority of the circuit judges, en banc, and shall be residents of St. Louis County, and shall receive from the state as annual compensation an amount equal to one­third of the annual compensation of an associate circuit judge.  Each judge shall devote approximately one­third of his working time to the performance of his duties as a traffic judge.  Traffic judges shall not accept or handle cases in their practice of law which are inconsistent with their duties as a traffic judge and shall not be a judge or prosecutor for any other court.  Traffic judges shall not be considered state employees and shall not be members of the state employees' or judicial retirement system or be eligible to receive any other employment benefit accorded state employees or judges.

[5.]  6.  A majority of the judges, en banc, shall establish operating procedures for the traffic court which shall provide for regular sessions in the evenings after 6:00 p.m. and for Saturday or other sessions as efficient operation and convenience to the public may require.  Proceedings in the traffic court, except when a judge is acting as a commissioner pursuant to this section, shall be conducted as provided in supreme court rule 37.  The hearing shall be before a traffic judge without jury, and the judge shall assume an affirmative duty to determine the merits of the evidence presented and the defenses of the defendant and may question parties and witnesses.  No term of imprisonment or confinement may be assessed by a traffic judge.  In the event a jury trial is requested, the cause shall be certified to the circuit court for trial by jury as otherwise provided by law.  Clerks and computer personnel shall be assigned as needed for the efficient operation of the court.

[6.]  7.  In establishing operating procedure, provisions shall be made for appropriate circumstances whereby defendants may enter not guilty pleas and obtain trial dates by telephone or written communication without personal appearance, or to plead guilty and deliver by mail or electronic transfer or other approved method the specified amount of the fine and costs as otherwise provided by law, within a specified period of time.

[7.]  8.  Operating procedures shall be provided for electronic recording of proceedings, except that if adequate recording equipment is not provided at county expense, then, in that event, a person aggrieved by a judgment of a traffic judge or commissioner shall have the right of a trial de novo.  The procedures for perfecting the right of a trial de novo shall be the same as that provided under sections 512.180 to 512.320, RSMo, except that the provisions of subsection 2 of section 512.180, RSMo, shall not apply to such cases.

[8.  On August 28, 1992, the] 9.  The circuit court shall only have the authority to appoint one commissioner with the jurisdiction provided in subsection [2] 3 of this section.  [Six months after August 28, 1992, in the event that the county has not established a county municipal court which has taken jurisdiction of county ordinance violations, the circuit court shall then have the authority to appoint the additional traffic judges with jurisdiction over county ordinance violations as provided in this section.]

[9.]  10.  All costs to establish and operate a county municipal court under section 66.010, RSMo, and this section shall be borne by such county.  

577.001.  1.  As used in this chapter, the term "drive", "driving", "operates" or "operating" means physically driving or operating [or being in actual physical control of] a motor vehicle.

2.  As used in this chapter, a person is in an "intoxicated condition" when he is under the influence of alcohol, a controlled substance, or drug, or any combination thereof.

3.  As used in this chapter, the term "law enforcement officer" or "arresting officer" includes the definition of law enforcement officer in subdivision (17) of section 556.061, RSMo, and military policemen conducting traffic enforcement operations on a federal military installation under military jurisdiction in the state of Missouri.  

4.  As used in this chapter, "substance abuse traffic offender program" means a program certified by the division of alcohol and drug abuse of the department of mental health to provide education or rehabilitation services pursuant to a professional assessment screening to identify the individual needs of the person who has been referred to the program as the result of an alcohol or drug related traffic offense.  Successful completion of such a program includes participation in any education or rehabilitation program required to meet the needs identified in the assessment screening.  The assignment recommendations based upon such assessment shall be subject to court approval as provided in subsection 7 of section 577.041.

577.012.  1.  A person commits the crime of "driving with excessive blood alcohol content" if [he] such person operates a motor vehicle in this state with ten­hundredths of one percent or more by weight of alcohol in [his] such person's blood.

2.  As used in this section, percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred milliliters of blood or two hundred ten liters of breath and may be shown by chemical analysis of the person's blood, breath, saliva or urine.  For the purposes of determining the alcoholic content of a person's blood under this section, the test shall be conducted in accordance with the provisions of sections 577.020 to 577.041.

3.  For the first offense, driving with excessive blood alcohol content is a class C misdemeanor.

577.020.  1.  Any person who operates a motor vehicle upon the public highways of this state shall be deemed to have given consent to, subject to the provisions of sections 577.020 to 577.041, a chemical test or tests of [his] the person's breath, blood, saliva or urine for the purpose of determining the alcohol or drug content of [his] the person's blood if arrested for any offense arising out of acts which the arresting officer had reasonable grounds to believe were committed while the person was driving a motor vehicle while in an intoxicated or drugged condition.  The test shall be administered at the direction of the arresting law enforcement officer whenever the person has been arrested for the offense.

2.  The implied consent to submit to the chemical tests listed in subsection 1 of this section shall be limited to not more than two such tests arising from the same arrest, incident or charge.

3.  Chemical analysis of the person's breath, blood, saliva, or urine to be considered valid [under] pursuant to the provisions of sections 577.020 to 577.041 shall be performed according to methods approved by the state department of health by licensed medical personnel or by a person possessing a valid permit issued by the state department of health for this purpose.

4.  The state department of health shall approve satisfactory techniques, devices, equipment, or methods to be considered valid [under] pursuant to the provisions of sections 577.020 to 577.041 and shall establish standards to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits which shall be subject to termination or revocation by the state department of health.

5.  The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person [of his own choosing and at his expense] at the choosing and expense of the person to be tested, administer a test in addition to any administered at the direction of a law enforcement officer.  The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test taken at the direction of a law enforcement officer.

6.  Upon the request of the person who is tested, full information concerning the test shall be made available to him.  

577.021.  A member of the state highway patrol may, prior to arrest, administer a chemical test to any person suspected of operating a motor vehicle in violation of section 577.010 or 577.012.  A test administered pursuant to this section shall be admissible as evidence of probable cause to arrest and as exculpatory evidence, but shall not be admissible as evidence of blood alcohol content.  The provisions of section 577.020 shall not apply to a test administered prior to arrest pursuant to this section.  [This section shall terminate on June 30, 1996.]

577.037.  1.  Upon the trial of any person for violation of any of the provisions of section 565.024, RSMo, or section 565.060, RSMo, or section 577.010 or 577.012, or upon the trial of any criminal action or violations of county or municipal ordinances or in any license suspension or revocation proceeding pursuant to the provisions of chapter 302, RSMo, arising out of acts alleged to have been committed by any person while driving a motor vehicle while in an intoxicated condition, the amount of alcohol in the person's blood at the time of the act alleged as shown by any chemical analysis of the person's blood, breath, saliva or urine is admissible in evidence and the provisions of subdivision (5) of section 491.060, RSMo, shall not prevent the admissibility or introduction of such evidence if otherwise admissible.  If there [were] was ten­hundredths of one percent or more by weight of alcohol in the person's blood, this shall be prima facie evidence that the person was intoxicated at the time the specimen was taken.

2.  Percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred milliliters of blood or grams of alcohol per two hundred ten liters of breath.

3.  The foregoing provisions of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was intoxicated.

4.  A chemical analysis of a person's breath, blood, saliva or urine, in order to give rise to the presumption or to have the effect provided for in subsection 1 of this section, shall have been performed as provided in sections 577.020 to 577.041 and in accordance with methods and standards approved by the state department of health.

5.  Any charge alleging a violation of section 577.010 or 577.012 or any county or municipal ordinance prohibiting driving while intoxicated or driving under the influence of alcohol shall be dismissed with prejudice if a chemical analysis of the defendant's breath, blood, saliva, or urine performed in accordance with sections 577.020 to 577.041 and rules promulgated thereunder by the state department of health demonstrate that there was less than ten­hundredths of one percent of alcohol in the defendant's blood unless one or more of the following considerations cause the court to find a dismissal unwarranted:

(1)  There is evidence that the chemical analysis is unreliable as evidence of the defendant's intoxication at the time of the alleged violation due to the lapse of time between the alleged violation and the obtaining of the specimen;

(2)  There is evidence that the defendant was under the influence of a controlled substance, or drug, or a combination of either or both with or without alcohol; or

(3)  There is substantial evidence of intoxication from physical observations of witnesses or admissions of the defendant.

577.039.  An arrest without a warrant by a law enforcement officer, including a uniformed member of the state highway patrol, for a violation of section 577.010 or 577.012 is lawful whenever the arresting officer has reasonable grounds to believe that the person to be arrested has violated the section, whether or not the violation occurred in the presence of the arresting officer[; provided, however, that any] and when such arrest without warrant [must be] is made within one and one-half hours after such claimed violation occurred, unless the person to be arrested has left the scene of an accident in which case such arrest without warrant may be made more than one and one-half hours after such violation occurred.

577.041.  1.  If a person under arrest refuses upon the request of the arresting officer to submit to any test allowed under section 577.020, then none shall be given and evidence of the refusal shall be admissible in a proceeding under section 565.024 or 565.060, RSMo, or section 577.010 or 577.012.  The request of the arresting officer shall include the reasons of the officer for requesting the person to submit to a test and also shall inform the person that evidence of his refusal to take the test may be used against him and that his license shall be immediately revoked upon his refusal to take the test.  If a person when requested to submit to any test allowed under section 577.020 requests to speak to an attorney, he shall be granted twenty minutes in which to attempt to contact an attorney.  If upon the completion of the twenty­minute period the person continues to refuse to submit to any test, it shall be deemed a refusal.  In this event, the arresting officer shall, on behalf of the director of revenue, serve the notice of license revocation personally upon the arrested person and shall take possession of any license to operate a motor vehicle issued by this state which is held by that person.  The arresting officer shall issue a temporary permit, on behalf of the director of revenue, which is valid for fifteen days and shall also give the person a notice of his right to file a petition for review to contest the license revocation.

2.  The arresting officer shall make a sworn report to the director of revenue, which shall include the following:

(1)  That the officer has reasonable grounds to believe that the arrested person was driving a motor vehicle while in an intoxicated condition;

(2)  That the arrested person refused to submit to a chemical test;

(3)  Whether the officer secured the license to operate a motor vehicle of the person;

(4)  Whether the officer issued a fifteen­day temporary permit;

(5)  Copies of the notice of revocation, the fifteen­day temporary permit and the notice of the right to file a petition for review, which notices and permit may be combined in one document; and

(6)  Any license to operate a motor vehicle which the officer has taken into possession.

3.  Upon receipt of the officer's report, the director shall revoke the license of the person refusing to take the test for a period of one year; or if the person arrested be a nonresident, his operating permit or privilege shall be revoked for one year; or if the person is a resident without a license or permit to operate a motor vehicle in this state, an order shall be issued denying the person the issuance of a license or permit for a period of one year.

4.  If a person's license has been revoked because of his refusal to submit to a chemical test, he may petition for a hearing before a court of record in the county in which the arrest occurred.  The person may request such court to issue an order staying the revocation until such time as the petition for review can be heard.  If the court, in its discretion, grants such stay, it shall enter the order upon a form prescribed by the director of revenue and shall send a copy of such order to the director.  Such order shall serve as proof of the privilege to operate a motor vehicle in this state and the director shall maintain possession of the person's license to operate a motor vehicle until termination of any revocation under this section.  Upon his request the clerk of the court shall notify the prosecuting attorney of the county and the prosecutor shall appear at the hearing on behalf of the director of revenue.  At the hearing the judge shall determine only:

(1)  Whether or not the person was arrested;

(2)  Whether or not the arresting officer had reasonable grounds to believe that the person was driving a motor vehicle while in an intoxicated condition; and

(3)  Whether or not the person refused to submit to the test.

5.  If the judge determines any issue not to be in the affirmative, he shall order the director to reinstate the license or permit to drive.

6.  Requests for review as provided in this section shall go to the head of the docket of the court wherein filed.

7.  No person who has had a license to operate a motor vehicle suspended or revoked under the provisions of this section shall have that license reinstated until such person has participated in and successfully completed a substance abuse traffic offender program defined in section 577.001, except the department or the court may waive such requirement upon completion of a comparable program or upon good cause shown.  Assignment recommendations based upon the needs assessment as described in subdivision (21) of section 302.010, RSMo, shall be delivered in writing to the person with instructions that the person is entitled to have such assignment recommendations reviewed by the court.  The person may file a motion in the associate division of the circuit court, on a printed form provided by the department of revenue, to have the court review such assessment.  The court shall approve or reject the assignment recommendations made by the assessment in a summary manner.  Such assessment and compliance with the court determination shall satisfy the provisions of this section for the purpose of reinstating such person's license to operate a motor vehicle.

8.  The fees for the substance abuse traffic offender program, or a portion thereof to be determined by the division of alcohol and drug abuse of the department of mental health, shall be paid by the person enrolled in the program.  Any person who is enrolled in the program shall pay, in addition to any fee charged for the program, a supplemental fee of sixty dollars.  The administrator of the program shall remit to the division of alcohol and drug abuse of the department of mental health the supplemental fee for all persons enrolled in the program, less two percent for administrative costs.  The supplemental fees received by the department of mental health pursuant to this section shall be deposited in the mental health earnings fund which is created in section 630.053, RSMo.

577.049.  1.  Upon a plea of guilty or a finding of guilty for [a first] an offense of violating the provisions of section 577.010 or 577.012 or violations of county or municipal ordinances involving alcohol or drug related traffic offenses, the court shall[, as a condition for suspending any permissible portion of any sentence or in addition to imposition of any penalties provided by law, section 557.011, RSMo, to the contrary notwithstanding,] order the [convicted] person to participate in and successfully complete [an alcohol or drug related traffic offender education or rehabilitation program which meets or exceeds minimum standards established by the department of public safety and the department of mental health.  Such a program may be used as a condition for suspending any permissible portion of any sentence only one time] a substance abuse traffic offender program defined in section 577.001.

2.  [Beginning July 1, 1994, the program shall provide a professional assessment for the identification of individual needs of the person who has had his or her driver's license suspended or revoked, and who is referred to the program.  If the assessment results in a recommendation that the offender participate in a subsequent education or rehabilitation program, the court may order that the offender complete such program.

3.]  The [cost of the program] fees for the substance abuse traffic offender program, or a portion thereof, to be determined by the division of alcohol and drug abuse of the department of mental health, shall be paid by the person [attending] enrolling in the program.  Any person who attends the program shall pay, in addition to any fee charged for the program, a supplemental fee of sixty dollars.  The administrator of the program shall remit to the division of alcohol and drug abuse of the department of mental health the supplemental fees for all persons enrolled in the program, less two percent for [administration] administrative costs.  The supplemental fees received by the department of mental health pursuant to this section shall be deposited in the mental health earnings fund which is created in section 630.053, RSMo.

[4.  The clerk of the court which orders any person to participate in an alcohol education or rehabilitative program shall send a record of the participation and completion of the program to the Missouri state highway patrol for inclusion in the Missouri uniform law enforcement systems records.]

577.520.  1.  No person who has had his license suspended or revoked under the provisions of sections 577.500 and 577.505 shall have that license reinstated until he has paid a twenty­dollar reinstatement fee and has successfully completed [an alcohol or drug related education program that meets or exceeds minimum standards established by the department of mental health.  The responsibility for the cost of the program shall be borne by the person attending the program] a substance abuse traffic offender program as defined in section 577.001.

2.  [Beginning July 1, 1994, the program shall provide a professional assessment for the identification of individual needs of the person who has had his or her driver's license suspended or revoked, and who is referred to the program.  If the assessment results in a recommendation that the offender participate in a subsequent education or rehabilitation program, the court may order that the offender complete such program.

3.]  The fees for the substance abuse traffic offender program, or a portion thereof to be determined by the division of alcohol and drug abuse of the department of mental health, shall be paid by the person enrolled in the program.  Any person who [attends] is enrolled in the program shall pay, in addition to any fee charged for the program, a supplemental fee of sixty dollars.  The administrator of the program shall remit to the division of alcohol and drug abuse of the department of mental health the supplemental fees for all persons enrolled in the program, less two percent for [administration] administrative costs.  The supplemental fees received by the department of mental health pursuant to this section shall be deposited in the mental health earnings fund which is created in section 630.053, RSMo.  

577.525.  Any court which has jurisdiction over violations of state, county or municipal laws shall enter an order, in addition to other orders authorized by law, requiring the completion of [an alcohol related education program which meets or exceeds minimum standards established by the department of mental health] a substance abuse traffic offender program as defined in section 577.001, as a part of the judgment entered in the case, for any person determined to have violated a state, county, or municipal law involving the possession or use of alcohol and who at the time of said offense was under twenty­one years of age when the court, if a juvenile court, finds that the offense was committed by such person or, if a city, county, or state court, when the person pleads guilty, or is [convicted or] found guilty of such offense by the court.

577.614.  1.  In addition to any other provisions of law, upon a finding of guilty of, or a plea of guilty to, a violation of subsection 1 of section 577.600, the department of revenue shall revoke the person's driving privilege for one year from the date of conviction.

2.  In addition to any other provision of law, if a person is found guilty of, or [pleas] pleads guilty to, a second violation of subsection 1 of section 577.600 during the same period of required use of an approved ignition interlock device, the department of revenue shall revoke the person's driving privilege for five years from the date of conviction.

3.  The court shall notify the department of revenue of all guilty findings and pleas [under] pursuant to subsection 1 of section 577.600.

4.  The department of revenue shall charge a reinstatement fee as required by section 302.304, RSMo, prior to the reinstatement of any driving privilege suspended or revoked [under] pursuant to this section.

5.  No restricted or limited driving privilege shall be issued for any person whose license is revoked [under] pursuant to this section.

610.127.  1.  Any person who is less than twenty-one years of age and whose driving privilege has been suspended or revoked, for a first determination under sections 302.500 to 302.540, that such person was driving with two-hundredths of one percent or more blood alcohol content, shall have all official records and all recordations maintained by the department of revenue of such suspension or revocation expunged two years after the date of such suspension or revocation or when such person attains the age of twenty-one, whichever date first occurs.  Such expungement shall be performed by the department of revenue without need of a court order.

2.  The provisions of this section shall not apply to any person whose license is suspended or revoked for a second or subsequent time pursuant to subsection 1 of this section or who is convicted of any alcohol-related driving offense before the age twenty-one including, but not limited to:

(1)  Driving while intoxicated pursuant to section 577.010, RSMo;

(2)  Driving with excessive blood alcohol content pursuant to section 577.012, RSMo; or

(3)  Driving a commercial motor vehicle with a blood alcohol content of four hundredths of one percent or more pursuant to subdivision (13) of subsection 2 of section 302.700, RSMo.

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