302.304. Notice of points--suspension or revocation of license, when, duration--reinstatement, condition, point reduction, fee--failure to maintain proof of financial responsibility, effect--point red
Notice of points--suspension or revocation of license, when,duration--reinstatement, condition, point reduction, fee--failureto maintain proof of financial responsibility, effect--pointreduction prior to conviction, effect--surrender oflicense--reinstatement of license when drugs or alcohol involved,assignment recommendation, judicial review--fees forprogram--supplemental fees.
302.304. 1. The director shall notify by ordinary mail any operatorof the point value charged against the operator's record when the recordshows four or more points have been accumulated in a twelve-month period.
2. In an action to suspend or revoke a license or driving privilegeunder this section points shall be accumulated on the date of conviction.No case file of any conviction for a driving violation for which points maybe assessed pursuant to section 302.302 may be closed until such time as acopy of the record of such conviction is forwarded to the department ofrevenue.
3. The director shall suspend the license and driving privileges ofany person whose driving record shows the driver has accumulated eightpoints in eighteen months.
4. The license and driving privilege of any person whose license anddriving privilege have been suspended under the provisions of sections302.010 to 302.540 except those persons whose license and driving privilegehave been suspended under the provisions of subdivision (8) of subsection 1of section 302.302 or has accumulated sufficient points together with aconviction under subdivision (10) of subsection 1 of section 302.302 andwho has filed proof of financial responsibility with the department ofrevenue, 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 theeffective date of the suspension;
(2) In the case of a second suspension, sixty days after theeffective date of the suspension;
(3) In the case of the third and subsequent suspensions, ninety daysafter the effective date of the suspension.
Unless proof of financial responsibility is filed with the department ofrevenue, a suspension shall continue in effect for two years from itseffective date.
5. The period of suspension of the driver's license and drivingprivilege of any person under the provisions of subdivision (8) ofsubsection 1 of section 302.302 or who has accumulated sufficient pointstogether with a conviction under subdivision (10) of subsection 1 ofsection 302.302 shall be thirty days, followed by a sixty-day period ofrestricted driving privilege as defined in section 302.010. Uponcompletion of such period of restricted driving privilege, upon compliancewith other requirements of law and upon filing of proof of financialresponsibility with the department of revenue, in accordance with chapter303, RSMo, the license and driving privilege shall be reinstated.
6. If the person fails to maintain proof of financial responsibilityin accordance with chapter 303, RSMo, the person's driving privilege andlicense shall be resuspended.
7. The director shall revoke the license and driving privilege of anyperson when the person's driving record shows such person has accumulatedtwelve points in twelve months or eighteen points in twenty-four months ortwenty-four points in thirty-six months. The revocation period of anyperson whose license and driving privilege have been revoked under theprovisions of sections 302.010 to 302.540 and who has filed proof offinancial responsibility with the department of revenue in accordance withchapter 303, RSMo, and is otherwise eligible, shall be terminated by anotice from the director of revenue after one year from the effective dateof the revocation. Unless proof of financial responsibility is filed withthe department of revenue, except as provided in subsection 2 of section302.541, the revocation shall remain in effect for a period of two yearsfrom its effective date. If the person fails to maintain proof offinancial responsibility in accordance with chapter 303, RSMo, the person'slicense and driving privilege shall be rerevoked. Any person whose licenseand driving privilege have been revoked under the provisions of sections302.010 to 302.540 shall, upon receipt of the notice of termination of therevocation from the director, pass the complete driver examination andapply for a new license before again operating a motor vehicle upon thehighways of this state.
8. If, prior to conviction for an offense that would requiresuspension or revocation of a person's license under the provisions of thissection, the person's total points accumulated are reduced, pursuant to theprovisions of section 302.306, below the number of points required forsuspension or revocation pursuant to the provisions of this section, thenthe person's license shall not be suspended or revoked until the necessarypoints are again obtained and accumulated.
9. If any person shall neglect or refuse to surrender the person'slicense, as provided herein, the director shall direct the state highwaypatrol or any peace or police officer to secure possession thereof andreturn it to the director.
10. Upon the issuance of a reinstatement or termination notice aftera suspension or revocation of any person's license and driving privilegeunder the provisions of sections 302.010 to 302.540, the accumulated pointvalue shall be reduced to four points, except that the points of any personserving as a member of the armed forces of the United States outside thelimits of the United States during a period of suspension or revocationshall be reduced to zero upon the date of the reinstatement or terminationof notice. It shall be the responsibility of such member of the armedforces to submit copies of official orders to the director of revenue tosubstantiate such overseas service. Any other provision of sections302.010 to 302.540 to the contrary notwithstanding, the effective date ofthe four points remaining on the record upon reinstatement or terminationshall be the date of the reinstatement or termination notice.
11. No credit toward reduction of points shall be given duringperiods of suspension or revocation or any period of driving under alimited driving privilege granted by a court or the director of revenue.
12. Any person or nonresident whose license or privilege to operate amotor vehicle in this state has been suspended or revoked under this or anyother law shall, before having the license or privilege to operate a motorvehicle reinstated, pay to the director a reinstatement fee of twentydollars which shall be in addition to all other fees provided by law.
13. Notwithstanding any other provision of law to the contrary, ifafter two years from the effective date of any suspension or revocationissued under this chapter, the person or nonresident has not paid thereinstatement fee of twenty dollars, the director shall reinstate suchlicense or privilege to operate a motor vehicle in this state.
14. No person who has had a license to operate a motor vehiclesuspended or revoked as a result of an assessment of points for a violationunder subdivision (8), (9) or (10) of subsection 1 of section 302.302 shallhave that license reinstated until such person has participated in andsuccessfully completed a substance abuse traffic offender program definedin section 302.010, or a program determined to be comparable by thedepartment of mental health. Assignment recommendations, based upon theneeds assessment as described in subdivision (22) of section 302.010, shallbe delivered in writing to the person with written notice that the personis entitled to have such assignment recommendations reviewed by the courtif the person objects to the recommendations. The person may file a motionin the associate division of the circuit court of the county in which suchassignment was given, on a printed form provided by the state courtsadministrator, to have the court hear and determine such motion pursuant tothe provisions of chapter 517, RSMo. The motion shall name the person orentity making the needs assessment as the respondent and a copy of themotion shall be served upon the respondent in any manner allowed by law.Upon hearing the motion, the court may modify or waive any assignmentrecommendation that the court determines to be unwarranted based upon areview of the needs assessment, the person's driving record, thecircumstances surrounding the offense, and the likelihood of the personcommitting a like offense in the future, except that the court may modifybut may not waive the assignment to an education or rehabilitation programof a person determined to be a prior or persistent offender as defined insection 577.023, RSMo, or of a person determined to have operated a motorvehicle with fifteen-hundredths of one percent or more by weight in suchperson's blood. Compliance with the court determination of the motionshall satisfy the provisions of this section for the purpose of reinstatingsuch person's license to operate a motor vehicle. The respondent'spersonal appearance at any hearing conducted pursuant to this subsectionshall not be necessary unless directed by the court.
15. The fees for the program authorized in subsection 14 of thissection, or a portion thereof to be determined by the department of mentalhealth, shall be paid by the person enrolled in the program. Any personwho is enrolled in the program shall pay, in addition to any fee chargedfor the program, a supplemental fee in an amount to be determined by thedepartment of mental health for the purposes of funding the substance abusetraffic offender program defined in section 302.010 and section 577.001,RSMo, or a program determined to be comparable by the department of mentalhealth. The administrator of the program shall remit to the division ofalcohol and drug abuse of the department of mental health on or before thefifteenth day of each month the supplemental fee for all persons enrolledin the program, less two percent for administrative costs. Interest shallbe charged on any unpaid balance of the supplemental fees due the divisionof alcohol and drug abuse pursuant to this section and shall accrue at arate not to exceed the annual rate established pursuant to the provisionsof section 32.065, RSMo, plus three percentage points. The supplementalfees and any interest received by the department of mental health pursuantto this section shall be deposited in the mental health earnings fund whichis created in section 630.053, RSMo.
16. Any administrator who fails to remit to the division of alcoholand drug abuse of the department of mental health the supplemental fees andinterest for all persons enrolled in the program pursuant to this sectionshall be subject to a penalty equal to the amount of interest accrued onthe supplemental fees due the division pursuant to this section. If thesupplemental fees, interest, and penalties are not remitted to the divisionof alcohol and drug abuse of the department of mental health within sixmonths of the due date, the attorney general of the state of Missouri shallinitiate appropriate action of the collection of said fees and interestaccrued. The court shall assess attorney fees and court costs against anydelinquent program.
17. Any person who has had a license to operate a motor vehiclesuspended or revoked as a result of an assessment of points for a violationunder subdivision (9) of subsection 1 of section 302.302 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 of the license. Theignition interlock device shall further be required to be maintained on allmotor vehicles operated by the person for a period of not less than sixmonths immediately following the date of reinstatement. If the personfails to maintain such proof with the director, the license shall beresuspended or revoked and the person shall be guilty of a class Amisdemeanor.
(L. 1961 p. 487, A.L. 1972 S.B. 651, A.L. 1973 S.B. 257, A.L. 1979 S.B. 484, A.L. 1983 S.B. 318 & 135, A.L. 1984 H.B. 1575 Revision, A.L. 1989 1st Ex. Sess. H.B. 3, A.L. 1991 S.B. 125 & 341 merged with H.B. 202 & 364, A.L. 1996 H.B. 773 merged with H.B. 1169 & 1271 merged with S.B. 722, A.L. 1999 S.B. 19, A.L. 2001 H.B. 302 & 38, A.L. 2002 H.B. 2062, A.L. 2003 H.B. 600, A.L. 2008 S.B. 930 & 947)Effective 7-01-09