Effective - 01 Jan 2017
302.400. Suspension or revocation of driving privileges, persons under twenty-one years of age — violation of certain laws — surrender of licenses — court to forward to director of revenue — period of suspension. — 1. A court of competent jurisdiction shall, upon a finding of guilt, or, if the court is a juvenile court, upon a finding of fact that the offense was committed by a juvenile, enter an order suspending or revoking the driving privileges of any person determined to have committed one of the following offenses and who, at the time said offense was committed, was under twenty-one years of age:
(1) Any alcohol-related traffic offense in violation of state law or a county or municipal ordinance, where the defendant was represented by an attorney or waived the right to an attorney in writing;
(2) Any offense in violation of state law or a county or municipal ordinance, where the defendant was represented by an attorney or waived the right to an attorney in writing, involving the possession or use of alcohol, committed while operating a motor vehicle;
(3) Any offense involving the possession or use of a controlled substance as defined in chapter 195 in violation of state law or a county or municipal ordinance, where the defendant was represented by an attorney or waived the right to an attorney in writing;
(4) Any offense involving the alteration, modification, or misrepresentation of a license to operate a motor vehicle in violation of section 311.328;
(5) Any subsequent offense in violation of state law or a county or municipal ordinance, where the defendant was represented by, or waived in writing the right to, an attorney, involving the possession or use of alcohol; except that a determination of guilt or its equivalent shall have been made for the first offense and both offenses shall have been committed by the person when the person was under eighteen years of age.
2. A court of competent jurisdiction shall, upon a finding of guilt, or, if the court is a juvenile court, upon a finding of fact that the offense was committed by a juvenile, enter an order suspending or revoking the driving privileges of any person determined to have committed a violation of section 311.325 and who, at the time said violation was committed, was more than fifteen years of age and under twenty-one years of age.
3. The court shall require the person against whom a court has entered an order suspending or revoking driving privileges under subsections 1 and 2 of this section to surrender any license to operate a motor vehicle, temporary instruction permit, intermediate driver's license, or any other driving privilege then held by such person.
4. The court, if other than a juvenile court, shall forward to the director of revenue the order of suspension or revocation of driving privileges and any licenses, temporary instruction permits, intermediate driver's licenses, or any other driving privilege acquired under subsection 3 of this section.
5. (1) Notwithstanding chapter 211 to the contrary, the court, if a juvenile court, shall forward to the director of revenue the order of suspension or revocation of driving privileges and any licenses, temporary instruction permits, intermediate driver's licenses, or any other driving privilege acquired under subsection 3 of this section for any person sixteen years of age or older.
(2) Notwithstanding chapter 211 to the contrary, the court, if a juvenile court, shall hold the order of suspension or revocation of driving privileges for any person less than sixteen years of age until thirty days before the person's sixteenth birthday, at which time the juvenile court shall forward to the director of revenue the order of suspension or revocation of driving privileges.
6. The period of suspension for a first offense under subsection 1 of this section shall be ninety days. Any second or subsequent offense under subsection 1 of this section shall result in revocation of the offender's driving privileges for one year. The period of suspension for a first offense under subsection 2 of this section shall be thirty days. The period of suspension for a second offense under subsection 2 of this section shall be ninety days. Any third or subsequent offense under subsection 2 of this section shall result in revocation of the offender's driving privileges for one year.
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(L. 1987 S.B. 230 § 1, A.L. 1991 S.B. 125 & 341, A.L. 2005 H.B. 353 merged with S.B. 37, et al. merged with S.B. 402, A.L. 2014 S.B. 491)
Transferred 2014; formerly 577.500; Effective 1-01-17
Structure Missouri Revised Statutes
Title XIX - Motor Vehicles, Watercraft and Aviation
Chapter 302 - Drivers' and Commercial Drivers' Licenses
Section 302.010 - Definitions.
Section 302.011 - Lawfully present defined.
Section 302.015 - License classification system, director to establish — categories.
Section 302.025 - Driver training programs, instruction on traffic stops.
Section 302.041 - License by municipality not required.
Section 302.051 - Government-owned vehicles, who may operate.
Section 302.060 - License not to be issued to whom, exceptions — reinstatement requirements.
Section 302.067 - Lawful presence or citizenship, proof of to be presented once — exceptions.
Section 302.080 - Exemptions from license law.
Section 302.110 - List of licensed drivers.
Section 302.120 - Applications for license, accident reports and court convictions to be filed, how.
Section 302.133 - Definitions.
Section 302.140 - Instruction permit, fee.
Section 302.172 - Exchange of drivers' licenses, foreign countries, reciprocal agreements, content.
Section 302.176 - First-time licenses, information to receive — rulemaking authority.
Section 302.177 - Licenses, issuance and renewal, duration, fees.
Section 302.179 - Notice of expiration of license.
Section 302.185 - Duplicate license, REAL ID compliant license — how obtained — fee.
Section 302.187 - Municipalities and counties to pay replacement costs of driver's license, when.
Section 302.190 - Duration of suspension of license — new license, when.
Section 302.200 - Effect of revocation — penalty.
Section 302.220 - Prohibited uses of license.
Section 302.228 - Fees, how deposited.
Section 302.230 - Penalty for false statement or affidavit.
Section 302.233 - Fraud in obtaining a license or permit, penalty.
Section 302.250 - Children forbidden to operate motor vehicle.
Section 302.260 - Unlicensed person operating motor vehicle prohibited.
Section 302.273 - Federal rule compliance for bus drivers.
Section 302.281 - Suspension for unsatisfied judgment.
Section 302.301 - Restricted licenses.
Section 302.306 - Reduction of point value charged after period of safe driving.
Section 302.308 - Effect of conviction prior to enactment.
Section 302.311 - Suspension or revocation — appeals from — procedure.
Section 302.340 - Penalty for violations.
Section 302.345 - Diversion program participation prohibited, when.
Section 302.347 - Federal record-keeping rule to be adopted.
Section 302.415 - Failure to surrender licenses, certain law enforcement officer may seize.
Section 302.426 - Department of revenue — rules and regulations.
Section 302.440 - Devices, use of, when.
Section 302.441 - Employment exemption variance, permitted when — restrictions.
Section 302.454 - Use of device shall be required, when.
Section 302.456 - Court shall send order to department of revenue — record keeping required.
Section 302.460 - Manufacturer warning required.
Section 302.500 - Definitions.
Section 302.536 - Department to pay court costs and attorney fees, when.
Section 302.545 - Expungement of records, when.
Section 302.584 - Rules, effective, when — rules invalid and void, when.
Section 302.600 - Driver license compact.
Section 302.700 - Citation of law — definitions.
Section 302.710 - Suspension, revocation or cancellation of license, notice to employer, when.
Section 302.725 - Driving without commercial driver's license, penalty.
Section 302.727 - Driving a commercial motor vehicle while revoked, crime of, penalty.
Section 302.730 - Nonresident may operate commercial motor vehicles, when.
Section 302.750 - Refusal to consent to test, effect — procedures — hearing allowed, when.
Section 302.760 - Nonresidents, action against license, notice to licensing state, when.
Section 302.769 - Contingent effective date.
Section 302.770 - Cooperation with other jurisdictions.