DRIVERS' MOST COMMONLY ASKED QUESTIONS REGARDING
LIMITED DRIVING PRIVILEDGES AFTER A DRIVER'S LICENSE SUSPENSION
IN A KANSAS CITY DUI / DWI CASE
I have a felony DWI conviction in Kansas City,
can I receive a limited driving privilege to go to work?
In Kansas City, there are no limited driving privileges
given to drivers for felonies. Any felony, including felony DWI,
involving the use of a motor vehicle, will disqualify for life,
a person from getting a hardship. Hagan v. Director of Revenue,
968 S.W.2d 704 (Mo. banc 1998).
Can I receive a limited driving
privilege to work to pay child support?
No. RSMo. Section 454.1010.9 provides
that a limited driving privilege pursuant to RSMo. Section 302.309
is not available to work to pay child support. The driver must petition
the court which entered the child support order or which has jurisdiction
over the child support arrearage order for a stay of the order in
cases of hardship. The Director of Revenue cannot issue limited
driving privileges in this situation.
My Kansas City driver's license
was suspended for failure to appear in court, may I receive a limited
driving privilege?
No. RSMo. Section 302.309.3(5)(c) states
that no person who has received a suspension pursuant to RSMo. Section
302.341 for failure to appear in court is eligible for a limited
driving privilege. In order to qualify for a limited driving privilege,
the driver must satisfy all outstanding failure to appear notices
and provide proof of compliance with the failure to appear for each
suspension before further eligibility can be determined for the
limited driving privilege.
My driver's license was suspended
in my Kansas City DUI / DWI case when I was under 21. May I receive
a limited driving privilege?
Maybe. For under-21, abuse and lose
offenses, the driver is eligible for limited driving privileges
for the Kansas City, abuse-and-lose DUI / DWI suspension / revocation
alone as long as he or she is not ineligible for some other reason
pursuant to RSMo. Section 302.309.3(5).
Commercial (CDL) Licenses. I
have a Class F (Normal) driver's license and it was suspended or
revoked for DUI / DWI and I received a limited driving privilege.
May I test for a Class A, B or C (commercial) driver's license to
upgrade the limited driving privilege?
NO. RSMo. Section 302.720.6 specifically
states that a commercial driver's license may not be issued to a
person whose license is currently suspended, revoked, or disqualified
in any state.
I just received my second DUI
/ DWI in Kansas City. Do I have to have ignition interlock on my car
to get a limited driving privilege? If I have to have ignition interlock
on my car to drive, can my wife leave ignition interlock off of
her car since she does not have any DUI / DWI on her driving record?
RSMo. Section 577.600 requires that
any court granting a limited driving privilege to any person who
is found guilty or pleads guilty to a second or subsequent intoxication-related
traffic offense SHALL REQUIRE the use of an ignition interlock device
in ALL vehicles operated by the person as a required condition of
limited driving privilege.
I just received my second DWI,
but my right to drive is revoked in another state. Can I get a limited
driving privilege in Kansas City after my DWI is over?
No. If a driver wants a limited driving
privilege from the Missouri Department of Revenue or the Court,
he or she cannot be suspended or revoked in another state. The driver
will be required to retest if his or her license is expired or if
he or she has no valid Kansas City license if a limited driving privilege
is sought
How Do I get a limited Driving
privilege?
Application for a limited driving privilege
may be made either to the circuit court in the county of residence
or employment OR to the Director of Revenue. For drivers who chose
to go to the Director of Revenue, application forms are available
at all local Department of Revenue offices as well as the main offices
in Jefferson City. All denials by the Director may be appealed within
30 days of the denial notice to the Circuit Court in the county
of residence or employment. The issue for the court on appeal is
whether the Director of Revenue correctly denied the limited driving
privilege in accordance with RSMo. Section 302.309.
The correct procedures must be followed
to apply for limited driving privileges. If the driver applies for
a limited driving privilege with the Director of Revenue, their
instructions are: the applicant must submit a completed application
form and have proof of insurance (SR-22) on file with DOR. The applicant
is not required to submit a driving record since the information
is already available to the DOR. It takes approximately seven working
days for the Director to process the application and issue an order
either granting or denying LDP. The orders are mailed to the applicant
by ordinary mail.
If the driver applies for a limited
driving privilege with the Court, the applicant names the Director
as Defendant and states the reasons he or she is suspended/revoked
and the reasons he or she has need for a hardship license. This
petition must be served on the Director. An attorney from the Department
of Revenue will file an answer that will point out any statutory
reasons for ineligibility. If there are no statutory reasons to
deny the granting of the hardship, the answer will simply state
it is in the court's discretion. It is up to the applicant or his
or her attorney to "move" the petition for setting of
appearances. The only cases attorneys from DOR normally appear on
are those to which an objection to the granting of a hardship is
made.
All limited driving privileges are
granted at the discretion of the Director of Revenue or the Court
I just had my license suspended
in another state for a DWI conviction. Can I apply for a Kansas City
limited driving privilege for the duration of my license suspension
from the other state since I now live in Kansas City?
No. An applicant of a Kansas City limited
driving privilege must be a resident of Kansas City or be employed
in Kansas City. RSMo. Section 302.309. An out of state resident cannot
move to Kansas City and apply for limited driving privileges from this
state to cover the period of the out-of-state suspension or revocation.
INELIGIBILITY PROVISIONS FOR A
LIMITED DRIVING PRIVILEGE IN KANSAS CITY
The following are all of the statutory
grounds for denial of hardship driving privileges:
- Any state DWI or BAC conviction and any municipal
or county DWI or BAC conviction where the judge was an attorney
and Defendant was represented by counsel or waived the right to
counsel, until the person has completed the first thirty (30)
days of any suspension or revocation;
- Any vehicular felony within the person's lifetime
in the driving history; Any person who is too young for a license--
RSMo. Section 302.060(1) & (2);
- Any person who is a habitual drunkard or addicted
to drugs-- RSMo. 302.060(4);
- Any person who is adjudicated incapacitated within
the person's lifetime unless restored to capacity-- RSMo. Section
302.060(5);
- Any person who has been required to submit to
a driver's examination and who has failed that examination-- RSMo.
Section 302.060(6);
- Any person who has an unsatisfied judgment against
them as the result of a motor vehicle accident-- RSMo. Section
302.060(8);
- Any person who has been convicted three (3) or
more times of DWI or BAC (state, out-of-state, county, or municipal),
where the judge was an attorney and Defendant was represented
by counsel or waived counsel who has not SERVED at least three
(3) years of the denial without any alcohol or drug conviction
within three (3) years of his or her application -- RSMo. Section
302.060(8);
- Any person who has been convicted two (2) times
within five years of DWI or BAC (state, out-of-state, county,
or municipal), where the judge was an attorney and Defendant was
represented by counsel or waived counsel, for five years from
the date of the second such conviction, who has not SERVED at
least two (2) years of such denial without any alcohol/drug convictions
within two (2) years of such denial without any alcohol/drug convictions
within two (2) years of his or her application -- RSMo. Section
302.060(10);
- Any person convicted of (felony) involuntary
manslaughter while intoxicated within the person's lifetime --
RSMo. Section 302.060(10);
- Any person denied a license because of a suspension
or revocation currently in effect in another state (The driver's
license compact) -- RSMo. Section 302.060(11);
- Any person currently suspended for failure to
respond to this or another state's traffic ticket (in-state failure
to appear or non-resident violator's compact)-- RSMo. Section
302.341 & 544.046;
- Any person convicted of operating a motor vehicle
while under the influence of drugs within the person's lifetime
under RSMo. Chapter 195;
- Any person convicted of
leaving the scene of an accident in violation of state law within
the person's lifetime -- RSMo. Section 577.060;
- Any person who has once refused to submit to
a chemical test, until the person has served ninety (90) days
of his or her revocation;
- Any person who has more than once refused to
submit to a chemical test within the person's lifetime in this
or any other state -- RSMo. Section 302.309.5(f);
- Any person whose commercial driver's license
is disqualified (the person may obtain hardship privileges for
Class F driving, if eligible);
- Any person suspended under the Administrative
Alcohol or Zero tolerance law until the person has completed thirty
(30) days of such suspension, although it is not recommended;
- Any person revoked under the Administrative Alcohol
or Zero Tolerance law for one year -- RSMo. Section 302.525.2;
- Any person who has been issued a hardship license
in the past five years.
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