302.302. Point system--assessment for violation--assessment of points stayed, when, procedure.
Point system--assessment for violation--assessment of points stayed,when, procedure.
302.302. 1. The director of revenue shall put into effect a pointsystem for the suspension and revocation of licenses. Points shall beassessed only after a conviction or forfeiture of collateral. The initialpoint value is as follows:
(1) Any moving violation of a state law or county or municipal or federal traffic ordinance or regulation not listed in this section, other than a violation of vehicle equipment provisions or a court-ordered supervision as provided in section 302.303 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 valid license in violation of subdivision (1) or (2) of subsection 1 of section 302.020:
(a) For the first conviction 2 points
(b) For the second conviction 4 points
(c) For the third conviction 6 points
(6) Operating with a suspended or revoked license prior to restoration of operating privileges 12 points
(7) Obtaining a license by misrepresentation 12 points
(8) For the first conviction of driving while in an intoxicated condition or under the influence of controlled substances or drugs 8 points
(9) For the second or subsequent conviction of any of the following offenses however combined: driving while in an intoxicated condition, driving under the influence of controlled substances or drugs or driving with a blood alcohol content of eight-hundredths of one percent or more by weight 12 points
(10) For the first conviction for driving with blood alcohol content eight-hundredths of one percent or more by weight
In violation of state law 8 points
In violation of a county or municipal ordinance or federal law or regulation 8 points
(11) Any felony involving the use of a motor vehicle 12 points
(12) Knowingly permitting unlicensed operator to operate a motor vehicle 4 points
(13) For a conviction for failure to maintain financial responsibility pursuant to county or municipal ordinance or pursuant to section 303.025, RSMo 4 points
(14) Endangerment of a highway worker inviolation of section 304.585, RSMo 4 points
(15) Aggravated endangerment of a highway worker in violation of section 304.585, RSMo 12 points
(16) For a conviction of violating a municipal ordinance that prohibits tow truck operators from stopping at or proceeding to the scene of an accident unless they have been requested to stop or proceed to such scene by a party involved in such accident or by an officer of a public safety agency 4 points
2. The director shall, as provided in subdivision (5) of subsection 1of this section, assess an operator points for a conviction pursuant tosubdivision (1) or (2) of subsection 1 of section 302.020, when thedirector issues such operator a license or permit pursuant to theprovisions of sections 302.010 to 302.340.
3. An additional two points shall be assessed when personal injury orproperty damage results from any violation listed in subdivisions (1) to(13) of subsection 1 of this section and if found to be warranted andcertified by the reporting court.
4. When any of the acts listed in subdivision (2), (3), (4) or (8) ofsubsection 1 of this section constitutes both a violation of a state lawand a violation of a county or municipal ordinance, points may be assessedfor either violation but not for both. Notwithstanding that an offensearising out of the same occurrence could be construed to be a violation ofsubdivisions (8), (9) and (10) of subsection 1 of this section, no personshall be tried or convicted for more than one offense pursuant tosubdivisions (8), (9) and (10) of subsection 1 of this section for offensesarising out of the same occurrence.
5. The director of revenue shall put into effect a system for stayingthe assessment of points against an operator. The system shall providethat the satisfactory completion of a driver-improvement program or, in thecase of violations committed while operating a motorcycle, amotorcycle-rider training course approved by the state highways andtransportation commission, by an operator, when so ordered and verified byany court having jurisdiction over any law of this state or county ormunicipal ordinance, regulating motor vehicles, other than a violationcommitted in a commercial motor vehicle as defined in section 302.700 or aviolation committed by an individual who has been issued a commercialdriver's license or is required to obtain a commercial driver's license inthis state or any other state, shall be accepted by the director in lieu ofthe assessment of points for a violation pursuant to subdivision (1), (2)or (4) of subsection 1 of this section or pursuant to subsection 3 of thissection. A court using a centralized violation bureau established undersection 476.385, RSMo, may elect to have the bureau order and verifycompletion of a driver-improvement program or motorcycle-rider trainingcourse as prescribed by order of the court. For the purposes of thissubsection, the driver-improvement program shall meet or exceed thestandards of the National Safety Council's eight-hour "Defensive DrivingCourse" or, in the case of a violation which occurred during the operationof a motorcycle, the program shall meet the standards established by thestate highways and transportation commission pursuant to sections 302.133to 302.137. The completion of a driver-improvement program or amotorcycle-rider training course shall not be accepted in lieu of pointsmore than one time in any thirty-six-month period and shall be completedwithin sixty days of the date of conviction in order to be accepted in lieuof the assessment of points. Every court having jurisdiction pursuant tothe provisions of this subsection shall, within fifteen days aftercompletion of the driver-improvement program or motorcycle-rider trainingcourse by an operator, forward a record of the completion to the director,all other provisions of the law to the contrary notwithstanding. Thedirector shall establish procedures for record keeping and theadministration of this subsection.
(L. 1961 p. 487, A.L. 1965 p. 477, A.L. 1975 S.B. 32, A.L. 1981 H.B. 335 Revision, A.L. 1982 S.B. 513, A.L. 1989 1st Ex. Sess. H.B. 3, A.L. 1995 H.B. 717, A.L. 1996 H.B. 1169 & 1271 merged with S.B. 722, A.L. 1997 H.B. 389, A.L. 1999 S.B. 19, A.L. 2000 H.B. 1797, A.L. 2001 H.B. 302 & 38, A.L. 2004 S.B. 1233, et al., A.L. 2006 S.B. 872, et al., A.L. 2007 S.B. 82, A.L. 2009 H.B. 683)CROSS REFERENCE:
Highway construction zones, moving violations, fine not to enhance court costs or points, RSMo 304.580