Driving While Suspended or Revoked Lawyer in St. Louis

What the charge means

Under RSMo 302.321, you commit the offense of driving while revoked if you drive a motor vehicle on a highway while your license or driving privilege is cancelled, suspended or revoked under the laws of Missouri or any other state. The state must also show you acted with criminal negligence about knowing your privilege was cancelled, suspended or revoked.

That second element matters. A license can be suspended without the driver realizing it, for example after a missed court date on an old ticket or a lapse in insurance. What DOR sent, where it sent it, and what you knew can all make a difference.

This charge can't simply be paid through a municipal court's violations bureau. The Missouri Supreme Court's rules exclude driving on a suspended or revoked license from the tickets a bureau clerk can accept payment for.

Penalties

The maximums come from Missouri's sentencing statutes (RSMo 558.011 and 558.002).

For any conviction after a first offense, the statute limits the court's options. The court can't suspend the imposition of sentence or impose a fine instead of jail. You also aren't eligible for probation or parole until you've served 48 consecutive hours, unless the court requires at least 10 days (40 hours) of community service as a condition.

When it becomes a felony

Under RSMo 302.321, driving while revoked is a class E felony in these situations:

• Without a prior alcohol-related enforcement contact: a fourth or later conviction, where the three earlier driving-while-revoked offenses happened within ten years of the new one.
• With a prior alcohol-related enforcement contact: a third or later conviction, where the two earlier offenses happened within ten years and you received and served a sentence of ten days or more on them.

In both cases, the earlier offenses count only if you had a lawyer or waived one in writing. The statute also says driving while revoked is a class E felony "on the second or subsequent conviction pursuant to section 577.010" (Missouri's DWI statute) "or a fourth or subsequent conviction for any other offense." How these rules apply to your record is a question for a lawyer. If your suspension came from a DWI, see our DWI defense page and felony defense page.

The points problem

A conviction for driving with a suspended or revoked license adds 12 points to your Missouri driving record (RSMo 302.302). DOR revokes a license at 12 points in 12 months (RSMo 302.304), so this one conviction on its own reaches the revocation threshold. That's why even a first offense deserves a careful look before you plead.

Why licenses get suspended

Common reasons include:

• Points. 8 points in 18 months brings a suspension, and 12, 18 or 24 points within 12, 24 or 36 months brings a revocation. See Missouri points and license suspension.
• A missed court date or unpaid fine on a moving violation. The court mails a notice. If the case isn't resolved and paid within 30 days, DOR suspends the license until it is (RSMo 302.341). This doesn't apply to "minor traffic violations" in municipal court.
• No insurance. A conviction for failing to maintain insurance can lead to a suspension, longer with prior violations (RSMo 303.042).
• Alcohol-related suspensions and revocations, which are handled with DWI cases.

How to check your license status

Before you drive, find out where you stand. The Missouri Department of Revenue says you can:

• Call DOR at 573-526-2407, or log in to your MyDMV profile, to check on tickets, suspensions or revocations.
• Order your driving record online through MyDMV (a record without personal information, sent by email), in person at any license office with a photo ID, or by sending DOR Form 4681.

Limited driving privileges

A suspension or revocation doesn't always mean you can't drive at all. Under RSMo 302.309, DOR or a circuit court can grant a limited driving privilege when driving is needed for:

• work;
• medical treatment;
• school;
• alcohol or drug treatment;
• ignition interlock service;
• any other situation where not driving would cause undue hardship.

Some limits:

• You must have proof of insurance on file with DOR.
• Some suspensions make you ineligible. Examples include a felony involving a motor vehicle within the past five years (leaving the scene of an accident is an exception) and certain alcohol-related suspensions.
• Some privileges require a certified ignition interlock device.
• A CDL holder can't get a limited privilege to drive a commercial vehicle.
• A new conviction that brings points ends the privilege. The exception is a city stop-sign ticket with no accident.
• Your points don't come down while you drive on a limited privilege (RSMo 302.304).

How we help

We start by finding out why your license was suspended and whether that suspension can be fixed. Sometimes the underlying problem, such as an old ticket, an unpaid fine or an insurance filing, can be resolved and the license reinstated. Then we review the evidence on the new charge, including what notice you received, and talk with the prosecutor about the options. Call 314-827-6222 or contact us.

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