License Suspension

The reasons for, and duration of, a suspension, revocation or denial are many and, although there are differences between their specific definitions and when they apply, a suspension, revocation or denial have one distinguishing character – i.e., you are prohibited from operating a motor vehicle by the State of Missouri. And, if you have a non-Missouri driver’s license, the State of Missouri may otherwise suspend, revoke or deny your privilege of operating a motor vehicle within the State of Missouri, even if your base state has not.A suspension, revocation or denial may arise from, among other reasons:

  • an accumulation of excess points within a given period of time;
  • a BAC (blood alcohol content) of .08 or more;
  • a BAC of .02 or more, if under twenty-one years of age;
  • a reported conviction for a minor in possession under a zero tolerance statute;
  • a refusal to submit to a test of your BAC under Missouri’s implied consent law;
  • a conviction for a DWI or DUI or other alcohol related conviction;
  • non-payment of child support;
  • non-payment of a judgment relating to an uninsured automobile accident;
  • a conviction for no proof of insurance, or refusal to provide proof upon demand by the
    State of Missouri;
  • two convictions of DWI or DUI within a five year period;
  • three convictions of a DWI or DUI within a lifetime; or
    a failure to appear or dispose of a previously issued traffic ticket.

The duration of the suspension, revocation, or denial may vary from thirty (30) days to a
lifetime, depending upon the reason for the suspension, revocation or denial.
Whether you have been suspended, revoked or denied, the various requirements for reinstating your Missouri driver’s license are as varied as the reasons for the suspension, revocation or denial, some of which are as follows:

  • payment of a reinstatement fee;
  • completion of SATOP (Substance Abuse Traffic Offender Program);
  • proof of insurance by the posting of an SR-22 insurance filing;
  • repayment of a judgment suspension (or satisfactory evidence of an installment
  • agreement providing for repayment of the judgment amount);
  • repayment of a child support suspension (or satisfactory evidence of an installment
  • agreement providing for repayment of unpaid child support judgment);
  • a compliance letter from the municipality, county or state verifying the disposition of a
  • previously issued traffic ticket;
  • an order of a Court reinstating your driving privileges (for five and ten year denials); or
  • installation of an ignition interlock device (where your license has been suspended for
  • two or more alcohol related law enforcement contacts).

Your right to receive a limited driving permit or a hardship driver’s license upon being
suspended, revoked or denied is strictly limited, not only in time, but also in the many conditions which either govern the issuance of a hardship driver’s license or which prohibit  issuance of a hardship driver’s license, in the first instance.
Depending upon the underlying circumstances of your suspension, revocation or denial, as well as the jurisdiction and the disposition of the police officer, sheriff or state trooper, if you are pulled over and found to be operating a motor vehicle while suspended, revoked or denied, or driving a motor vehicle outside of the conditions of your limited driving permit or hardship driver’s license, any one or more of the following consequences can be expected:

  • you will be arrested on the spot;
  • your car will be towed;
  • you will be given a traffic ticket for driving while suspended;
  • you will be in violation of your probation, if you are on probation;
  • you may be fined a maximum fine of $500, $1,000 or more, if convicted;
  • you may be jailed a maximum of 90 days, one year or more, if convicted;
  • your driver’s license will be suspended for a year, if convicted; and,
  • your limited driving permit or hardship driver’s license will be revoked.

Finally, if you have prior convictions for driving while suspended or you are pulled over by a
Missouri State trooper (or at the discretion of the police officer of sheriff who pulled you over), you may be charged with a misdemeanor, or even a felony, driving while suspended.

Regardless of the reasons for your suspension, revocation or denial, the attorneys at The Traffic Stop have the experience, knowledge and skills to help you sort through all of the reasons for your suspension, revocation or denial, and then guide you through, step by step, the reinstatement requirements or procedures you must take in order to obtain the reinstatement of your driver’s license.

IS YOUR DRIVER’S LICENSE SUSPENDED OR REVOKED?

If your driver’s license has been suspended, revoked or denied, we do not have to tell you the difficulties, or fears, you may have just driving to the grocery store, let alone to and from work, your school or your children’s activities. Missouri is not a convenient state in which to have your driver’s license suspended, revoked or denied, especially if you live where there is no public transportation.

Even if there is, unless you live, work and shop within a short walk of a bus or train line, it is one giant hassle and you are at the mercy of someone else’s schedule. As a result, you are stuck either relying on the generosity of a loved one, friend or co-worker (which may be short lived) or taking a taxicab (which is expensive) or driving illegally (which is usually the first option of the vast majority of our clients).

If your driver’s license has been suspended, revoked or denied and you continue to drive –
STOP!! In addition to being illegal, for which you will likely be arrested and your car towed if caught (and your children placed with the Department of Family Services if they are with you and there is no one to call to pick them up), driving while suspended is fraught with any number of long term consequences, the least of which is the possible denial of insurance coverage by your insurance carrier if you have an accident while driving while suspended, revoked or denied.

Again, if your driver’s license has been suspended, revoked or denied and you continue to drive – STOP!! Immediately contact or call us.

The attorneys at The Dulle Law Firm, LLC, have helped hundreds of individuals in your situation obtain the reinstatement of their driving privileges or obtain a limited driving permit or hardship driver’s license. Regardless of the reasons for your suspension, revocation or denial, I have the experience, knowledge and skills to help you sort through all of the reasons for your suspension, revocation or denial, and then guide you, step by step, through the requirements or procedures you must take in order to obtain the reinstatement of your driver’s license.

For a free initial consultation contact us or call 314-384-4000.

HOW WE DO WHAT WE DO

The first step we will take in sorting through all the reasons for your suspension, revocation or denial will be to review your entire driving record to determine why your driver’s license was suspended, revoked or denied in the first place. Upon doing so, the next step we will take is to contact the Missouri Department of Revenue, by phone, to verify our findings and confirm all of the steps you must take in order to secure the reinstatement of your driving privileges. If you are not eligible at that time to obtain the reinstatement of your driver’s license, we will verify your ability to obtain a limited driving permit or hardship driver’s license. Next, if your driving record shows any failure to appear suspensions or lieu of bail holds, we will contact the issuing court to determine what action you must take to obtain a compliance letter (for the disposition of the failure to appear suspension) or release of the lieu of bail hold. In some jurisdictions, we are able to obtain compliance letters or releases of lieu of bail holds in advance, in which case we will forward these to the Missouri Department of Revenue by fax and regular mail.

Once we have completed a comprehensive review of your driving record, and have determined all of the steps you must take to obtain the reinstatement of same, we will advise you of our findings and provide you with a step by step guide for obtaining the reinstatement of your driver’s license. If this includes the need to withdraw warrants, make additional court appearances or enter our appearance in other jurisdictions to obtain a disposition of pending charges, we for will not only advise you of same, we will outline for you our additional fees and options for payment of our additional fees. We will also provide you with a copy of your driving record for your review as well as a timeline for addressing and completing each of the conditions for reinstatement of your driver’s license.

Finally, if you are not presently eligible for the reinstatement of your driver’s license, due only to the length of your suspension, revocation or denial, we will outline all possible options fo obtaining a hardship driver’s license and the benefits, obstacles and drawbacks of doing so.

SPECIAL NOTE ON POINTS
Points are the way the Missouri Department of Revenue keeps track of convictions for moving violations and each moving violation has a certain point value. MISSOURI DOR POINT SCHEDULE. Point values range from one (1) point, for the most minor moving violations (i.e., most municipal ordinance violations), to twelve (12) points (i.e., driving while suspended and a second DWI or DUI or excess BAC). If you accumulate eight or more points in an eighteen month period, your license will be suspended. A first time suspension for excess points is for thirty (30) days, a second suspension for excess points is for sixty (60) days and a third suspension is for ninety (90) days. If you accumulate twelve (12) points in a year, or eighteen (18) points in two years or twenty four (24) points in three years, your driving privileges are suspended for one (1) year.

Point convictions date from the date it is reported to the Missouri Department of Revenue, and not from the date of the actual conviction, and suspensions for excess points run from the date which is thirty (30) days after the date of the letter from the Missouri Department of Revenue notifying you of the suspension of your driver’s license. As such, suspensions for points rarely, if ever, overlap – unless the suspension is for one year, in which case, your right to reinstatement begins on the date which is the last to occur (i.e., the latest of the two dates specified in your notices of suspension).

SPECIAL NOTES ON REINSTATEMENTS

Rarely, if ever, is the reinstatement of a suspended or revoked driver’s license an automatic occurrence. As a result, whether your license has been suspended for, among other reasons, an excess accumulation of points, a BAC of .08% or more, a refusal to submit to a BAC test or a judgment suspension, you must take certain specific actions in order to obtain the reinstatement of your driver’s license (i.e., payment of a reinstatement fee, posting of an SR-22 insurance filing, completion of a Substance Abuse Traffic Offender Program, installation of an ignition interlock device, etc.). If you do not, your driver’s license will remain suspended or revoked.

Accordingly, great care should be taken in determining those requirements necessary for the reinstatement of your driver’s license and you should pay attention to any mandated timelines. If you do not, you could find yourself being ticketed for driving while suspended (even after the date you became eligible to be reinstated), in which case you will likely be arrested and your car towed, among many other consequences for driving while suspended.

NOW ADD ANOTHER SECTION TITLED “A NOTE ON POINT REDUCTIONS”
In Missouri, as points accumulate, they also get reduced. If you are convicted of speeding on a state highway and it is a three (3) point violation, and you do not receive a conviction for a moving violation for which points are assessed in the one year immediately following the conviction (as of the date it is reported to the Missouri Department of Revenue – not the actual date on which you were convicted), your point total will be reduced to two (2) points. If, in the next year, you do not receive any convictions for a moving violation for which points are assessed, your point total will be reduced to one (1) point. If during the next year you pick up a conviction for another moving violation for which points are assessed, the new points are added to the one (1) remaining point, and the reduction process starts anew, from the date on which the new points are added to your driving record. Finally, regardless of any point reduction you are eligible for on an annual basis, your point total will typically be reduced by a factor of two upon the reinstatement of your driver’s license after a suspension for an excess accumulation of points.

As some suspensions do not result in a point reduction upon reinstatement of your driver’s
license, however, your actual experience will depend upon the underlying nature of your
suspension.

CONCLUSION

The attorneys at The Dulle Law Firm have helped hundreds of individuals in your situation obtain the reinstatement of their driving privileges or obtain a limited driving permit or hardship driver’s license. No matter the reason for your suspension, revocation or denial, the attorneys at The Dulle Law Firm have the experience, knowledge and skills to help you sort through all of the reasons for your suspension, revocation or denial, and then guide you through, step by step, the requirements or procedures you must take in order to obtain the reinstatement of your driver’s license.

For a free initial consultation contact us or call 314-384-4000.