302.060. License not to be issued to whom, exceptions--reinstatement requirements.
License not to be issued to whom, exceptions--reinstatementrequirements.
302.060. 1. The director shall not issue any license and shallimmediately deny any driving privilege:
(1) To any person who is under the age of eighteen years, if suchperson operates a motor vehicle in the transportation of persons orproperty as classified in section 302.015;
(2) To any person who is under the age of sixteen years, except ashereinafter provided;
(3) To any person whose license has been suspended, during suchsuspension, or to any person whose license has been revoked, until theexpiration of one year after such license was revoked;
(4) To any person who is an habitual drunkard or is addicted to theuse of narcotic drugs;
(5) To any person who has previously been adjudged to beincapacitated and who at the time of application has not been restored topartial capacity;
(6) To any person who, when required by this law to take anexamination, has failed to pass such examination;
(7) To any person who has an unsatisfied judgment against suchperson, as defined in chapter 303, RSMo, until such judgment has beensatisfied or the financial responsibility of such person, as defined insection 303.120, RSMo, has been established;
(8) To any person whose application shows that the person has beenconvicted within one year prior to such application of violating the lawsof this state relating to failure to stop after an accident and to disclosethe person's identity or driving a motor vehicle without the owner'sconsent;
(9) To any person who has been convicted more than twice of violatingstate law, or a county or municipal ordinance where the defendant wasrepresented by or waived the right to an attorney in writing, relating todriving while intoxicated; except that, after the expiration of ten yearsfrom the date of conviction of the last offense of violating such law orordinance relating to driving while intoxicated, a person who was soconvicted may petition the circuit court of the county in which such lastconviction was rendered and the court shall review the person's habits andconduct since such conviction. If the court finds that the petitioner hasnot been convicted of any offense related to alcohol, controlled substancesor drugs during the preceding ten years and that the petitioner's habitsand conduct show such petitioner to no longer pose a threat to the publicsafety of this state, the court may order the director to issue a licenseto the petitioner if the petitioner is otherwise qualified pursuant to theprovisions of sections 302.010 to 302.540. No person may obtain a licensepursuant to the provisions of this subdivision through court action morethan one time;
(10) To any person who has been convicted twice within a five-yearperiod of violating state law, or a county or municipal ordinance, ofdriving while intoxicated, or any other intoxication-related trafficoffense as defined in subdivision (4) of subsection 1 of section 577.023,RSMo, or who has been convicted of the crime of involuntary manslaughterwhile operating a motor vehicle in an intoxicated condition. The directorshall not issue a license to such person for five years from the date suchperson was convicted or pled guilty for involuntary manslaughter whileoperating a motor vehicle in an intoxicated condition or for driving whileintoxicated or any other intoxication-related traffic offense as defined insubdivision (4) of subsection 1 of section 577.023, RSMo, for the secondtime;
(11) To any person who is otherwise disqualified pursuant to theprovisions of sections 302.010 to 302.780, chapter 303, RSMo, or section544.046, RSMo;
(12) To any person who is under the age of eighteen years, if suchperson's parents or legal guardians file a certified document with thedepartment of revenue stating that the director shall not issue such persona driver's license. Each document filed by the person's parents or legalguardians shall be made upon a form furnished by the director and shallinclude identifying information of the person for whom the parents or legalguardians are denying the driver's license. The document shall alsocontain identifying information of the person's parents or legal guardians.The document shall be certified by the parents or legal guardians to betrue and correct. This provision shall not apply to any person who islegally emancipated. The parents or legal guardians may later file anadditional document with the department of revenue which reinstates theperson's ability to receive a driver's license.
2. Any person whose license is reinstated under the provisions ofsubdivisions (9) and (10) of subsection 1 of this section shall be requiredto file proof with the director of revenue that any motor vehicle operatedby the person is equipped with a functioning, certified ignition interlockdevice as a required condition of reinstatement. The ignition interlockdevice shall further be required to be maintained on all motor vehiclesoperated by the person for a period of not less than six months immediatelyfollowing the date of reinstatement. If the person fails to maintain suchproof with the director, the license shall be suspended for the remainderof the six-month period or until proof as required by this section is filedwith the director. Upon the completion of the six-month period, thelicense shall be shown as reinstated, if the person is otherwise eligible.
(RSMo 1939 § 8446, A.L. 1951 p. 678, A.L. 1961 p. 487, A.L. 1982 S.B. 513, A.L. 1983 S.B. 44 & 45, A.L. 1984 H.B. 1575 Revision, A.L. 1987 S.B. 230, A.L. 1989 1st Ex. Sess. H.B. 3, A.L. 1991 S.B. 125 & 341, A.L. 1996 H.B. 1169 & 1271 merged with S.B. 722, A.L. 1999 S.B. 19, A.L. 2005 S.B. 37, et al., A.L. 2008 S.B. 930 & 947, A.L. 2009 H.B. 62)