Effective - 29 Sep 2001
302.520. Arresting officer to serve notice of suspension or revocation, when — to possess license, issue temporary permit, give written notice of driver's rights and responsibilities — application for hearing. — 1. Whenever the chemical test results are available to the law enforcement officer while the arrested person is still in custody, and where the results show an alcohol concentration of eight-hundredths of one percent or more by weight of alcohol in such person's blood or where such person is less than twenty-one years of age and the results show that there is two-hundredths of one percent or more of alcohol in the person's blood, the officer, acting on behalf of the department, shall serve the notice of suspension or revocation personally on the arrested person.
2. When the law enforcement officer serves the notice of suspension or revocation, the officer shall take possession of any driver's license issued by this state which is held by the person. When the officer takes possession of a valid driver's license issued by this state, the officer, acting on behalf of the department, shall issue a temporary permit which is valid for fifteen days after its date of issuance and shall also give the person arrested a notice which shall inform the person of all rights and responsibilities pursuant to sections 302.500 to 302.540. The notice shall be in such form so that the arrested person may sign the original as evidence of receipt thereof. The notice shall also contain a detachable form permitting the arrested person to request a hearing. Signing the hearing request form and mailing such request to the department shall constitute a formal application for a hearing.
3. A copy of the completed notice of suspension or revocation form, a copy of any completed temporary permit form, a copy of the notice of rights and responsibilities given to the arrested person, including any request for hearing, and any driver's license taken into possession pursuant to this section shall be forwarded to the department by the officer along with the report required in section 302.510.
4. The department shall provide forms for notice of suspension or revocation, for notice of rights and responsibilities, for request for a hearing and for temporary permits to law enforcement agencies.
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(L. 1983 S.B. 318 & 135 § 6, A.L. 1984 S.B. 608 & 681, A.L. 1991 S.B. 125 & 341, A.L. 1996 H.B. 1169 & 1271 merged with S.B. 722, A.L. 2001 H.B. 302 & 38)
Effective 9-29-01
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.