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RSMo 302.400effective 01 Jan 2017

Suspension or revocation of driving privileges, persons under twenty-one years of age

In plain English

If someone under 21 years old is found guilty of certain offenses — like drinking and driving, having alcohol or drugs while driving, faking a driver's license, or underage drinking — a court will suspend or take away their driving privileges. The person has to hand over their license to the court, and the court sends that information to the state. For a first offense, the suspension is usually 90 days. If it happens again, the suspension gets longer, and after multiple offenses, the license can be taken away for a full year.

Word-for-word law

302.400. or of , persons under twenty-one years of age — violation of certain laws — surrender of s — court to forward to — period of suspension. — 1. A shall, upon a , or, if the court is a , upon a that the was committed by a juvenile, enter an 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 , where the was represented by an attorney or 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 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, , or 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 the right to, an attorney, involving the possession or use of alcohol; except that a 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 s 1 and 2 of this section to surrender any license to operate a motor vehicle, , , or any other then held by such person.

4. The court, if other than a juvenile court, shall forward to the director of revenue the 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) 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 '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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Source & history notes

(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

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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.

RSMo 302.400: Suspension or revocation of driving privileges, persons under twenty-one years of age | KnowMo Laws