The recent decision in Hill vs Department of Revune WD 76689, delves into the issue of probable cause to believe a driver is intoxicated or in a drugged condition.
The driver, Hill, was observed by the officer driving erratically. Officer Hotmer stopped Hill. The Officer testified that he noted several indicia of intoxication, but not the smell of alcohol. The Officer requested that Hill submit to a blood test. Further, the Officer requested the assistance of drug recognition expert. Hill admitted to taking Zoloft prior to driving. Hill refused the blood test.
The Department of Revenue suspended his license for one year due to the refusal. Hill brought the matter before the trial court, which affirmed his suspension. Hill then filed this appeal. The basis for his argument is that there was not enough probable cause to believe he was operating a motor vehicle in a drugged or intoxicated state.… Read the rest
The Missouri Lawmakers government passed a law last July heavily revising Missouri Statute 302.060 and now requiring stricter ignition interlock standards for DWI offenders. This law goes into effect in October of 2013.
Under current law those serving 5 0r 10 year revocations due to multiple DWI infractions would have to serve 2-3 years of the revocation before being eligible to seek a limited driving privilege. Also those who have a one year revocation due to two alcohol related contacts within 5 years would not be eligible for a limited driving privilege. Under the new law scheduled to go into effect soon, offenders would be eligible to seek a limited driving privilege after only serving 45 days.
While the timeframe for eligibility for a limited driving privilege has been drastically lowered, other requirements have become harsher. Those with 5 or 10 year denials must have an ignition interlock device that … Read the rest
If the suspension or revocation is upheld at the administrative hearing by the administrative hearing examiner, the driver may petition the Circuit Court in the County of the arreast for further review. The suspension or revocation still is imposed even though a circuit court review is pending.
If the arrest is upheld by the court, the driver serves any remaining time for the original suspension or revocation period and must meet the reinstatement requirements. If the arrest is overturned by the court, the suspension or revocation is canceled and the driver’s license is returned, if applicable.… Read the rest
If the administrative alcohol license suspension or license revocation action is upheld by the administrative hearing examiner, the driver ‘s license is suspended or revoked depending on the driver’s five-year driver record. If the driver has been convicted or suspended during the past five years for an alcohol-related law enforcement contact, the driver’s license is revoked for one year. If not, a 30-day suspension is imposed on the driver. The 30-day suspension is followed by a 60-day period of restricted driving privileges.
The suspension or revocation becomes effective 15 days after the final order of the hearing officer is mailed from the Department of Revenue.
If the driver does not request a hearing, a suspension or revocation begins on the 15th day after the arrest, and is final.… Read the rest
A Classic Example of the Fox Guarding the Henhouse?
The driver (or an attorney representing the driver) has 15 days from the date of the arrest to file with the Department of Revenue a written request for an administrative hearing. The form must be completed, mailed (and postmarked) within 15 days of the arrest. If the administrative hearing request form is not completed, mailed, and postmarked in the prescribed time, the driver’s right to an administrative hearing is waived and the suspension or revocation goes into effect.
If an administrative hearing is properly requested in a timely manner, the Department of Revenue schedules the administrative hearing in the County of the arrest (or by telephone, if requested). The hearing is conducted by a hearing examiner, a lawyer / employee of the Department of Revenue, who acts both as the prosecutor and judge.
Point system–assessment for violation–assessment of points. RSMo §302.302.
Eight (8) points is assessed against a person’s Driver License for a first conviction for excessive blood alcohol content (BAC), driving while intoxicated (DWI), or for driving under the influence of drugs (DUI) (§302.302.8). The second and all subsequent convictions for DWI, DUI or BAC result in twelve (12) points being assessed (§302.302.9).… Read the rest
Administrative sanctions for driving while intoxicated include the suspension and revocation of driving privileges.
Missouri law provides that the Department of Revenue Driver License Bureau shall suspend or revoke the driver license of any driver who is arrested upon probable cause to believe that the driver’s blood alcohol concentration (BAC) is at least .08% for adults or .02% for minors or any other driver regardless of age who broke a traffic law (§302.505). If the driver does not request a hearing, a suspension or revocation begins on the 15th day after the arrest, and is final.… Read the rest
Blow over the Legal Limit? Refuse to Blow?
Administrative Sanctions: Driver license suspension and revocation; SATOP and SR-22.
Separate and apart from the criminal charges that may arise out of being arrested for Driving While Intoxicated (DWI) or DUI (Driving under the Influence), a person arrested in Missouri for DWI or DUI also may be processed administratively by the Missouri Department of Revenue Driver License Bureau.
A person arrested for driving with a blood alcohol content of .08% or higher is subject to the imposition of administrative sanctions in addition to criminal penalties. Minors arrested or stopped with .020% or more blood alcohol content also are subject to administrative sanctions (§302.500-§302.540). For more information, visit our Administrative Alcohol Arrests page.… Read the rest