I've copied how to reinstate your Missouri Drivers License after losing it for DWI below. This information is from the Missouri Department of Revenue's website.
A person whose driving privilege is suspended or revoked may have his or her driving privilege reinstated after the suspension or revocation period is served if all requirements are filed with the Department of Revenue. If a driver does not satisfy the reinstatement requirements, the driving privilege remains suspended or revoked.
Anyone suspended or revoked for points assessed as a result of an alcohol-related conviction must meet the following reinstatement requirements:
Pay a $45 reinstatement fee.
File and maintain proof of financial responsibility for two years from the suspension or revocation date.
Provide proof of successful completion of a Substance Abuse Traffic Offender Program (SATOP) or comparable program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. Any questions regarding SATOP comparable programs should be directed to a certified SATOP Offender Management Unit or the Division of Alcohol and Drug Abuse at (573) 522-4020.
Any driver revoked for at least one year is also required to take and pass the complete driver examination and apply for a new license at proper fee.
Friday, June 27, 2008
Saturday, May 24, 2008
Missouri DWI Basics
I understand that being charge with a DWI can be a stressful thing. A lot of the stress comes from lack of information. You may be unfamiliar with the legal process or what this DWI will do to your career, or whether or not you will go to jail. Many attorneys will use this unfamiliarity to "scare" you into choosing their services. This blog is designed to provide up to date information to both defendants and fellow attorneys. Hopefully knowing the facts can relieve some of the anxiety you may be feeling.
This first blog will just cover the basics of a Missouri DWI. For a more in depth discussion please visit http://www.missouirdwihelp.com.
A Missouri DWI is unique from other criminal charges in that you have two cases pending at one time. One case is the administrative side "the department of revenue trying to take your license" and the other case is the criminal case "fines, jail time, probation etc..."
After you are arrested for a Missouri DWI, if you choose to take the breath test, you have 15 days in which to file a request for hearing to try and keep your license. If you don't file this request within 15 day's you waive your right for a hearing. If you refused the breath test then you have the option of filing for a Petition for Review to try and keep your license, but this must be file-stamped in the circuit court of the county of arrest within 30 days of the date of arrest.
If you took the breath test and filed for a hearing then at the hearing your attorney meets with the Department of Revenue hearing officer and is allowed to present evidence of you innocence. If the hearing officer sides against you, you have the option for filing for a trial DE Novo "new trial". In this trial you sue the Department of Revenue to force them to give you back your license.
On the criminal side:
First conviction for violation of Missouri DWI Law - Class B Misdemeanor, RSMo 577.010
Up to 6 months confinement, fines up to $500. Court costs (varies by county). Reimbursement for cost of processing. A suspended imposition of sentence (SIS) is not available unless it includes 2 years of probation. Administrative license suspension of 30 days followed by 60 days restricted privileges.
Second conviction for violation of Missouri DWI law - Class A Misdemeanor, RSMo 577.023
Listed as Prior Offender for judicial purposes. Punishable by up to 1 year confinement; must serve at least 48 hours jail time. Fines up to $1000.00. Court costs. Reimbursement for cost of processing. Ignition interlock device must be placed on vehicle. Administrative license revocation of 5 years, 2 of which must be served before a hardship license can be granted.
Third or more conviction for violation of Missouri DWI law - Class D felony, RSMo 577.023
Listed as a Persistent Offender for judicial purposes. Punishable by up to 5 years in prison. Suspended execution of sentence (SES) is forbidden by statute. Fines up to $5,000.00. Court costs (varies by county). Reimbursement for cost of processing. Ignition interlock device must be placed on vehicle. Administrative license revocation of 10 years, regardless of the date of the prior convictions, but: If the 3rd DWI is a felony no hardship license is available;If the 3rd DWI is NOT a felony a hardship license may be applied for after 3 years.
I understand this is just brass tacs type information but I hope it helps. For more in depth information please visit www.missouridwihelp.com
This first blog will just cover the basics of a Missouri DWI. For a more in depth discussion please visit http://www.missouirdwihelp.com.
A Missouri DWI is unique from other criminal charges in that you have two cases pending at one time. One case is the administrative side "the department of revenue trying to take your license" and the other case is the criminal case "fines, jail time, probation etc..."
After you are arrested for a Missouri DWI, if you choose to take the breath test, you have 15 days in which to file a request for hearing to try and keep your license. If you don't file this request within 15 day's you waive your right for a hearing. If you refused the breath test then you have the option of filing for a Petition for Review to try and keep your license, but this must be file-stamped in the circuit court of the county of arrest within 30 days of the date of arrest.
If you took the breath test and filed for a hearing then at the hearing your attorney meets with the Department of Revenue hearing officer and is allowed to present evidence of you innocence. If the hearing officer sides against you, you have the option for filing for a trial DE Novo "new trial". In this trial you sue the Department of Revenue to force them to give you back your license.
On the criminal side:
First conviction for violation of Missouri DWI Law - Class B Misdemeanor, RSMo 577.010
Up to 6 months confinement, fines up to $500. Court costs (varies by county). Reimbursement for cost of processing. A suspended imposition of sentence (SIS) is not available unless it includes 2 years of probation. Administrative license suspension of 30 days followed by 60 days restricted privileges.
Second conviction for violation of Missouri DWI law - Class A Misdemeanor, RSMo 577.023
Listed as Prior Offender for judicial purposes. Punishable by up to 1 year confinement; must serve at least 48 hours jail time. Fines up to $1000.00. Court costs. Reimbursement for cost of processing. Ignition interlock device must be placed on vehicle. Administrative license revocation of 5 years, 2 of which must be served before a hardship license can be granted.
Third or more conviction for violation of Missouri DWI law - Class D felony, RSMo 577.023
Listed as a Persistent Offender for judicial purposes. Punishable by up to 5 years in prison. Suspended execution of sentence (SES) is forbidden by statute. Fines up to $5,000.00. Court costs (varies by county). Reimbursement for cost of processing. Ignition interlock device must be placed on vehicle. Administrative license revocation of 10 years, regardless of the date of the prior convictions, but: If the 3rd DWI is a felony no hardship license is available;If the 3rd DWI is NOT a felony a hardship license may be applied for after 3 years.
I understand this is just brass tacs type information but I hope it helps. For more in depth information please visit www.missouridwihelp.com
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