304.585. Endangerment of a highway worker defined--fine, points assessed--aggravated endangerment of a highway worker, fine, points assessed--offense not applicable in absence of workers in zone--no c
Endangerment of a highway worker defined--fine, pointsassessed--aggravated endangerment of a highway worker, fine,points assessed--offense not applicable in absence of workers inzone--no citation or conviction, when.
304.585. 1. A person shall be deemed to commit the offense of"endangerment of a highway worker" upon conviction for any of the followingwhen the offense occurs within a construction zone or work zone, as definedin section 304.580:
(1) Exceeding the posted speed limit by fifteen miles per hour ormore;
(2) Passing in violation of subsection 4 of section 304.582;
(3) Failure to stop for a work zone flagman or failure to obeytraffic control devices erected in the construction zone or work zone forpurposes of controlling the flow of motor vehicles through the zone;
(4) Driving through or around a work zone by any lane not clearlydesignated to motorists for the flow of traffic through or around the workzone;
(5) Physically assaulting, or attempting to assault, or threateningto assault a highway worker in a construction zone or work zone, with amotor vehicle or other instrument;
(6) Intentionally striking, moving, or altering barrels, barriers,signs, or other devices erected to control the flow of traffic to protectworkers and motorists in the work zone for a reason other than avoidance ofan obstacle, an emergency, or to protect the health and safety of anoccupant of the motor vehicle or of another person; or
(7) Committing any of the following offenses for which points may beassessed under section 302.302, RSMo:
(a) Leaving the scene of an accident in violation of section 577.060,RSMo;
(b) Careless and imprudent driving in violation of subsection 4 ofsection 304.016;
(c) Operating without a valid license in violation of subdivision (1)or (2) of subsection 1 of section 302.020, RSMo;
(d) Operating with a suspended or revoked license;
(e) Driving while in an intoxicated condition or under the influenceof controlled substances or drugs or driving with an excessive bloodalcohol content;
(f) Any felony involving the use of a motor vehicle.
2. Upon conviction or a plea of guilty for committing the offense ofendangerment of a highway worker under subsection 1 of this section if noinjury or death to a highway worker resulted from the offense, in additionto any other penalty authorized by law, the person shall be subject to afine of not more than one thousand dollars and shall have four pointsassessed to his or her driver's license under section 302.302, RSMo.
3. A person shall be deemed to commit the offense of "aggravatedendangerment of a highway worker" upon conviction or a plea of guilty forany offense under subsection 1 of this section when such offense occurs ina construction zone or work zone as defined in section 304.580 and resultsin the injury or death of a highway worker. Upon conviction or a plea ofguilty for committing the offense of aggravated endangerment of a highwayworker, in addition to any other penalty authorized by law, the personshall be subject to a fine of not more than five thousand dollars if theoffense resulted in injury to a highway worker and ten thousand dollars ifthe offense resulted in death to a highway worker. In addition, suchperson shall have twelve points assessed to their driver's license undersection 302.302, RSMo, and shall be subject to the provisions of section302.304, RSMo, regarding the revocation of the person's license and drivingprivileges.
4. Except for the offense established under subdivision (6) ofsubsection 1 of this section, no person shall be deemed to commit theoffense of endangerment of a highway worker except when the act or omissionconstituting the offense occurred when one or more highway workers were inthe construction zone or work zone.
5. No person shall be cited or convicted for endangerment of ahighway worker or aggravated endangerment of a highway worker, for any actor omission otherwise constituting an offense under subsection 1 of thissection, if such act or omission resulted in whole or in part frommechanical failure of the person's vehicle or from the negligence ofanother person or a highway worker.
(L. 2006 S.B. 872, et al.)