Court Operating Rules - Court Operating Rule 26: DWI Divisions and Dockets

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Court Operating Rules

		Section/Rule:	COR 26
Subject:	Court Operating Rule 26	Publication / Adopted Date:	August 2010
Topic:	DWI Divisions and Dockets	Revised / Effective Date:	January 1, 2015

COURT OPERATING RULE 26

26.01 APPROVAL BY DRUG COURT COORDINATING COMMISSION REQUIRED
26.02 - 26.04 RESERVED
26.05 REQUIRED ELEMENT OF PLAN OF OPERATION

26.01 Approval by Drug Court Coordinating Commission Required

Every court that seeks to establish a division or docket of the court as provided in section 478.007, RSMo Supp. 2010, shall submit a plan of operation of the division or docket to the drug court coordinating commission. The division or docket shall not operate until the commission approves a plan of operation for the division or docket.

26.02 - 26.04 - RESERVED

26.05 - Required Elements of Plan of Operation

The commission shall require each plan of operation subject to this Court Operating Rule 26 to include the following:

(a) Restrictions on the issuance of a limited driving privilege:

(1) For a person who has not completed all the requirements of the division or docket program, proof of the following:

(A) The person has attained the appropriate “continuing care” portion of the program;

(B) Compliance with

section 302.309, RSMo

;

(D) Active participation in treatment;

(E) Substantial and sustained abstinence from drugs and alcohol;

(F) A stable residence;

(G) The ability to comply with and maintain the financial obligations required by the division or docket; and

(H) The person’s habits and conduct demonstrate that the person no longer poses a threat to the public safety of the citizens of the state and that the person is able to maintain a sober, law-abiding lifestyle;

(2) For a person who has completed all the requirements of the division or docket program, proof of the following:

(A) Compliance with

section 302.309, RSMo

;

(B) Successful completion of the division or docket program;

(C) The person has not been convicted of any offense related to alcohol, controlled substances, or drugs since completing the division or docket program;

(D) The person has agreed to submit to drug or alcohol testing or monitoring; and

(E) The person’s habits and conduct demonstrate that the person no longer poses a threat to the public safety of the citizens of the state and that the person is able to maintain a sober, law-abiding lifestyle;

(b) Termination of a limited driving privilege for each person who has not completed all the requirements of the division or docket program, to include termination for any of the following reasons:

(1) The person fails to comply with

section 302.309, RSMo

;

(2) The person is terminated from the division or docket program for reasons other than successful completion of the program;

(3) The person submits a positive drug or alcohol test, or submits an altered or diluted sample, or incurs an alcohol or drug related law enforcement contact, or otherwise presents a public safety risk;

(4) The person fails to comply with any condition imposed on the limited driving privilege including continuous drug or alcohol testing or monitoring; or

(5) Good cause otherwise is shown for termination of the limited driving privilege;

(c) Termination of a limited driving privilege for each person who has completed all the requirements of the division or docket program, to include termination for any of the following reasons:

(1) The person fails to comply with

section 302.309, RSMo

;

(2) The person submits a positive drug or alcohol test, or submits an altered or diluted sample, or incurs an alcohol or drug related law enforcement contact, or otherwise presents a public safety risk;

(3) The person fails to comply with any condition imposed on the limited driving privilege including continuous drug or alcohol testing or monitoring; or

(4) Good cause otherwise is shown for termination of the limited driving privilege;

(d) Notice and an opportunity to be heard on the issue of termination of the limited driving privilege whenever required by due process and for violations pertaining to positive drug or alcohol tests, altered or diluted samples, alcohol or drug related law enforcement contacts, or otherwise presenting a public safety risk; and

(e) Notification of the department of revenue immediately upon termination of the limited driving privilege.

(Adopted Aug. 27, 2010, eff. Aug. 27, 2010; revised Sept. 25, 2014, eff. Jan. 1. 2015)