Municipal Clerk Manual – Courts without JIS - Chapter 3 - Citation Case Processing Procedures: Abuse and Lose

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Municipal Clerk Manual – Courts without JIS

		Section/Rule:	3.8
Subject:	Chapter 3 - Citation Case Processing Procedures	Publication / Adopted Date:	February 1992
Topic:	Abuse and Lose	Revised / Effective Date:	January 2018

Municipal Clerk Manual
Courts without JIS
Chapter Three - Citation Case Processing Procedures

3.8 – Abuse and Lose

References
Statutes: Chapter 195, 302.150, 302.400, 302.405, 302.410, 302.415, 302.420, 302.425, and 311.328, RSMo
Federal Register: 42 CFR Part 2 (42 USC 290dd-3)
Supreme Court Rules: N/A
Court Operating Rules: N/A
Publication Date: September 1995
Revised: January 2018

Note: The Department of Mental Health provided notification indicating the acronym SATOP will now be referred to "Substance Awareness Traffic Offender Program". The statutes that reference the acronym SATOP currently continue to refer to it as "Substance Abuse Traffic Offender Program". When the statutes are directly used in the resource materials the term "abuse" rather than "awareness" will continue to be used until such time the relevant statutes are updated.

Introduction

The “ABUSE AND LOSE” law allows a court to suspend or revoke the driving privileges of persons involved in certain drug or alcohol-related offenses, depending upon certain criteria. When an order of suspension or revocation has been entered, the law states the court must require the defendant to surrender any license to operate a motor vehicle. The order of suspension or revocation and any surrendered license collected must be forwarded by the court to the Missouri Department of Revenue (DOR).

The law also requires the court to order all offenders convicted of certain alcohol- or drug-related traffic offenses to complete a Substance Awareness Traffic Offender Program (SATOP).

Pursuant to section 302.410, RSMo, a defendant whose driving privileges have been suspended or revoked may petition the circuit court or the DOR for limited driving privileges. For license reinstatement, the defendant must pay the DOR a reinstatement fee and successfully complete a Substance Abuse Traffic Offender Program that meets or exceeds minimum standards established by the Department of Mental Health. The defendant is to pay for the cost of the program. (Section 302.420, RSMo)

Defendant Under Age 21

Suspension or Revocation of Driving Privileges and Surrender of License (Section 302.400, RSMo)

The judge shall enter an order suspending or revoking the defendant's driving privileges and requiring the surrender of any driver's license if:

1. The defendant was represented by or waived the right to an attorney in writing; and

2. The defendant was

under 21 years of age

at the time the offense was committed and committed any of the following offenses:

any alcohol related traffic offense in violation of a state law or a county or municipal ordinance;

any offense in violation of a state law or a county or municipal ordinance involving the possession or use of alcohol, committed while operating a motor vehicle;

any violation of a state law or a county or municipal ordinance involving the possession or use of a controlled substance as defined in chapter

195

, RSMo;

any violation of a state law or a county or municipal ordinance involving the possession or use of alcohol for a second time; except that a determination 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;

alteration, modification, or misrepresentation of a license to operate a motor vehicle in violation of section

311.328

, RSMo.

Note: The period of suspension for a first offense is 90 days; any second or subsequent offense results in a one year revocation of driving privileges.

Defendant Age 21 or Older

Order of Revocation of Driving Privileges and Surrender of License (Section 302.405, RSMo)

The judge shall enter an order revoking the defendant's driving privileges for one year and requiring the surrender of any license to operate a motor vehicle held by the defendant if:

1. The defendant was

21 years of age or older

at the time the offense was committed;

and

2. The defendant violated any state, county, or municipal law involving the possession or use of a controlled substance, as defined in chapter

195

, RSMo, while operating a motor vehicle. (Section

302.405

, RSMo)

Substance Abuse Traffic Offenders Program (Section 302.425, RSMo)

The judge shall order all defendants, who have been convicted of driving while intoxicated, driving with excessive blood alcohol content, or violations of county or municipal ordinances involving alcohol- or drug-related traffic offenses to complete a Substance Abuse Traffic Offender Program (SATOP).

Out-of-States Licenses (Section 302.150, RSMo)

The court should not require the surrender of an out-of-state license. The Department of Revenue can only revoke a person’s privilege to drive in Missouri; therefore, the license should not be confiscated. The clerk should send the Abuse and Lose order to the Department of Revenue without the license.

Clerk Duties/Procedures

The law requires any surrendered license and the order of suspension or revocation be forwarded by the court to the Missouri Department of Revenue (Section 302.400, RSMo). The Abuse and Lose Order of Suspension/Revocation form is included at the end of this section.

What to Forward if the License is Surrendered:

1. A certified copy of the order of suspension or revocation; and

2. The surrendered license or permit.

What to Forward if the License is not Surrendered:

If the license has not been issued or for whatever reason, is not surrendered, forward the following:

1. A certified copy of the order of suspension or revocation; and

2. The full name of the offender, date of birth, and the last known address. If available, also provide the driver's license number.

The information is needed by the Department of Revenue for identification purposes. This identifying information may be provided by:

1. Making a certified copy of the Uniform Citation and the Abstract of Court Record if the offense was charged using the Uniform Citation; or

2. Typing the information on the order of revocation or attaching the information to the order of revocation.

Where to Forward the Order of Suspension or Revocation and the License, if applicable, to:

Director of Revenue

Driver License Bureau

PO Box 3700

Jefferson City, MO 65105

Note: The statute does not provide for time frames in which the clerk should forward the order and surrendered license(s). However, in keeping with other reporting time frames, you are encouraged to forward the order and license(s) within 10 days of the date the order is entered.

3. File a copy of the document in the case file.

Forms
CR 10 - Abuse and Lose Order of Suspension/Revocation