Municipal Clerk Manual – Courts with JIS - Chapter 3 - Citation Case Processing Procedures: Reporting Failure To Appear Or Pay

Clerk Handbooks

Municipal Clerk Manual – Courts with JIS

		Section/Rule:	3.5
Subject:	Chapter 3 - Citation Case Processing Procedures	Publication / Adopted Date:	February 1992
Topic:	Reporting Failure To Appear Or Pay	Revised / Effective Date:	March 2018

Municipal Clerk Manual
Courts with JIS
Chapter Three - Citation Case Processing Procedures

3.5 – Reporting Failure to Appear or Pay

References
Statutes: 302.177, 302.341, 544.045, and 544.046, RSMo
Publication: February 1992
Revised: March 2018

Quick Index

Clerk’s Duties/Procedures
Failure to Appear
Failure to Appear or Pay
Forms

Introduction

Missouri statutes require the court to report noncompliance by a defendant in a traffic case:

Section

302.341

, RSMo requires reporting of failure to appear or failure to dispose of a moving traffic violation case through payment of costs and fines by Missouri residents. This notification will cause the Department of Revenue (DOR) to suspend the driver’s license of the defendant.

Section

544.045

, RSMo, requires reporting of failure to appear for a traffic violation. This notification will cause DOR to withhold the renewal of the defendant’s driver’s license or, if the license is lost or used in lieu of bail, to withhold the issuance of a duplicate license until the case is disposed.

See section

3.6, Nonresident Violator Compact

in this manual for procedures when out of state motorists fail to comply.

Failure to Appear (Section 544.045, RSMo)

Following arrest, if a defendant fails to appear for a traffic violation, whether or not a license to operate a motor vehicle has been deposited in lieu of bail, the court must notify DOR within 10 days of the failure to appear. This notification will cause DOR to withhold the renewal of the defendant’s license or the issuance of a duplicate license until notified by the court that the charge has been reduced to final judgment.

DOR requests the court report the failure to appear using the Lieu of Bail (1454A) form that is supplied by DOR (regardless of whether or not a driver’s license has been deposited as security in the case).

Note: Section 302.177, RSMo, states that licenses may be renewed every six years instead of every three years, the Lieu of Bail form procedures may not be the most efficient for getting a person to appear in court.

Failure to Appear or Pay (Section 302.341, RSMo)

The provisions of this section do not apply to minor traffic violations defined as a municipal or county ordinance violation prosecuted that does not involve an accident, injury or the operation of a commercial motor vehicle, and for which no points are assessed by the Department of Revenue (DOR) or DOR is authorized to assess no more than one to four points to a person’s driving record upon conviction.

Minor traffic violations will exclude exceeding the speed limit by more than 19 mph or a violation occurring within a construction or school zone.

A defendant charged with a moving traffic violation that does not meet the criteria to be a minor traffic violation, as defined by statute who:

fails to dispose of charges through the prepayment of fine and court costs;

§ fails to appear on the scheduled court date or at any subsequent date to which the case has been continued or;

§ without good cause fails to pay any fine or court costs assessed within a specified time period or in approved installments, will be notified by the court within 10 days at the last address known in the court records of the failure to comply by regular mail, that the court will order DOR to suspend the defendant's driving privileges if the violations are not disposed of and fully paid within 30 days from the date of mailing of the notice.

If the defendant fails to timely dispose of the violations and pay in full any fines and court costs, the court will notify DOR who upon receipt of this notification will suspend the driver’s license effective immediately and provide notice of the suspension at the last address known in DOR records.

The suspension will remain in effect until the court requests setting aside the noncompliance suspension pending final disposition or the defendant provides evidence to DOR that the traffic violation is disposed of to the satisfaction of the court.

Note: A commercial motor vehicle operator or a holder of a commercial driver's license will not be eligible to have their license returned if they do not dispose of moving violations and pay costs and fees timely or if they fail to appear.

Clerk’s Duties/Procedures

Courts Accepting Paper Filings

Reminder: For courts using the Document Management System (DMS), while on the appropriate docket code, access the Document Management Window to attach the document(s). (See Document Management System (DMS): Procedures: DMS Link to Scan from Work Station or Procedures: Scan and Then Link to the DMS in GOLD). Each document should be attached as an individual attachment with the appropriate document security.

Failure to Appear or Pay Traffic Violation

Note: All four plys of Failure to Appear or Pay can be generated at one time. Go to CZRLMRG and use letter code DOR4558. Place ply’s 2 – 4 in the case file for later use. To generate each ply separately follow the procedures below.

1. Within 10 days of the missed court date, complete the DOR 4558 Failure to Appear or Pay Traffic Violation form, notifying the party of 30 days to respond.

Note:

If Missouri is not the licensing state; the court may want to initiate notification of suspension action through the Nonresident Violator Compact. See section

3.6, Nonresident Violator Compact

in this manual.

2. CZRLMRG – Custom Letter Merge (See Procedures: Generating a Letter Through CZRLMRG in GOLD)

2.1 Enter the letter code

TFA1

- FAILURE TO APPEAR-PAY TR

2.2 Access Non–ACS Variables in the navigation pane to add any additional information to appear on the form.

2.3 Complete the merge process. For courts using the Document Management System (DMS), convert the generated Word document to PDF and link the PDF document to DMS. (See Document Management System (DMS):

Procedures: How to Link a Final Document to DMS

in GOLD)

3. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

3.1 Enter the docket code NRNI – Resident Notice Issued

3.2 Enter any relevant details into docket text indicating the Failure to Appear or Pay Traffic Violation notice was mailed to the defendant.

4. Mail the notice to the defendant.

5. File the document in the case file, as appropriate.

6. CSAEVNT – Custom Event Scheduling (See Procedures: Schedule an Event in GOLD)

6.1 Enter the event code CREV – Case Review.

6.2 Schedule the event within 30 days of the notice.

6.3 Enter into event text any relevant details indicating the purpose of the review.

Compliance Within 30 Days

1. CVATDIS – Custom Traffic Disposition/Payment Entry (See Procedures: Disposing of a Citation in GOLD)

1.1 Upon receiving payment of fine and cost (paid in full, in part or payment plan) before the 30 day time period, proceed with suggested best practices for the disposition of the traffic case.

2. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

2.1 Enter into docket text of the disposition docket code any details indicating notice was given or mailed to the defendant.

3. File the document in the case file, as appropriate.

Noncompliance

1. If no response is received from the defendant within 30 days of notice issuance, complete the Suspension Notice portion. This is used to notify DOR of the noncompliance and request the suspension of driving privileges of the defendant. By Missouri Statute, 1454A – Lieu of Bail may also be used to request DOR not to issue a license until further notice from the court.

Note:

If DOR4558 is returned to the court as undeliverable proceed when appropriate with the suspension notice to DOR and check the returned to court undeliverable box.

2. CZRLMRG – Custom Letter Merge (See Procedures: Generating a Letter Through CZRLMRG in GOLD)

2.1 Enter the letter code

TFA2

– SUSPENSION NOTICE TO DOR TR

2.2 Access Non–ACS Variables in the navigation pane to add any additional information to appear on the form.

2.3 Complete the merge process.

3. Mail or fax the notice to the Driver License Bureau.

Department of Revenue

Driver License Bureau

P.O. Box 3950

Jefferson City, MO 65105-3950

Fax: (573) 526-2511

4. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

4.1 Enter the docket code NRNS – Resident Notice to State

4.2 Enter any relevant details into docket text indicating the Suspension Notice was mailed or faxed to DOR.

5. File the document in the case file, as appropriate.

Lieu of Bail – Hold Order

1. CZRLMRG – Custom Letter Merge (See Procedures: Generating a Letter Through CZRLMRG in GOLD)

1.1 Enter the letter code

1454A

– LIEU OF BAIL – DOR FORM 1454A

1.2 Access Non–ACS Variables in the navigation pane to add any additional information to appear on the form.

1.3 Complete the merge process.

1.4 Place an indicator in the hold order box.

2. Mail or fax the document to DOR.

3. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

3.1 Enter the docket code FHOLI – Hold Placed on License

3.2 Enter any relevant details into docket text indicating the Lieu of Bail document was faxed or mailed to DOR.

4. File the document in the case file, as appropriate.

Compliance Following Suspension

1. CVATDIS – Custom Traffic Disposition/Payment Entry (See Procedures: Disposing of a Citation in GOLD)

1.1 Upon receiving payment of fine and cost (paid in full, in part or payment plan) complete normal case disposition procedures. See 302.01, Violations Bureau.

2. Complete the Compliance Notice portion. The Citizen notice is given or mailed to the defendant who is responsible for providing it to DOR for driving privilege reinstatement and the Court notice is filed in the case file, as appropriate.

Note:

A commercial motor vehicle operator or a holder of a commercial driver's license will not be eligible to have their license returned if they do not dispose of moving violations and pay costs and fees timely or if they fail to appear.

3. CZRLMRG – Custom Letter Merge (See Procedures: Generating a Letter Through CZRLMRG in GOLD)

3.1 Enter the letter code

TFA3

– Compliance Notice – CIT-DOR TR.

3.2 Access Non–ACS Variables in the navigation pane to add any additional information to appear on the form.

3.3 Complete the merge process.

4. Mail or provide the Compliance Notice (Citizen) to the defendant.

5. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

5.1 Enter into docket text of the disposition code any relevant details indicating the notice was given or mailed to the defendant.

6. File the document in the case file, as appropriate.

Lieu of Bail – Release Order

1. If the DOR 1454A – Lieu of Bail was sent to DOR as a hold order, provide the release order.

2. CZRLMRG – Custom Letter Merge (See Procedures: Generating a Letter Through CZRLMRG in GOLD)

2.1 Enter the letter code

1454A

– LIEU OF BAIL – DOR FORM 1454A.

2.2 Access Non–ACS Variables in the navigation pane to add any additional information to appear on the form.

2.3 Complete the merge process.

2.4 Place an indicator in the release order box.

3. Mail or fax the document to DOR.

4. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

4.1 Enter the docket code FHORE – Hold on License Released

4.2 Enter any relevant details into docket text indicating the Lieu of Bail document was faxed or mailed to DOR reflecting the release order.

5. File the document in the case file, as appropriate.

Courts Accepting eFiled Documents

Failure to Appear or Pay Traffic Violation

1. Within 10 days of the court date, complete the Failure to Appear or Pay Traffic Violation notice notifying the party of 30 days to respond. If Missouri is not the licensing state; the court may want to initiate notification of suspension action through the Nonresident Violator Compact.

2. CZRLMRG – Custom Letter Merge (See Procedures: Generating a Letter Through CZRLMRG in GOLD)

2.1 Enter the letter code

TFA1

- FAILURE TO APPEAR-PAY TR

2.2 Access Non–ACS Variables in the navigation pane to add any additional information to appear on the form.

2.3 Complete the merge process. Convert the generated Word document to PDF and link the PDF document to DMS.

(See Document Management System (DMS):

Procedures: How to Link a Final Document to DMS

in GOLD)

3. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

3.1 Enter the docket code NRNI – Resident Notice Issued

3.2 Enter any relevant details into docket text indicating the Failure to Appear or Pay Traffic Violation notice was mailed to the defendant.

4. Mail the notice to the defendant.

5. CSAEVNT – Custom Event Scheduling (See Procedures: Schedule an Event in GOLD)

5.1 Enter the event code CREV – Case Review.

5.2 Schedule the event within 30 days of the notice.

5.3 Enter into event text any relevant details indicating the purpose of the review.

Compliance Within 30 Days

1. CVATDIS – Custom Traffic Disposition/Payment Entry (See Procedures: Disposing of a Citation in GOLD)

1.1 Upon receiving payment of fine and cost (paid in full, in part or payment plan) before the 30 day time period, complete normal case disposition procedures.

2. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

2.1 Enter into docket text of the disposition docket code any details indicating notice was given or mailed to the defendant.

Noncompliance

1. If no response is received from the defendant within 30 days of notice issuance, complete the Suspension Notice portion. This is used to notify DOR of the noncompliance and request the suspension of driving privileges of the defendant. By Missouri Statute, 1454A – Lieu of Bail may also be used to request the Department of Revenue not to issue a license until further notice from the court.

Note:

If DOR4558 is returned to the court as undeliverable proceed when appropriate with the suspension notice to DOR and check the ‘returned to court undeliverable’ box.

2. CZRLMRG – Custom Letter Merge (See Procedures: Generating a Letter Through CZRLMRG in GOLD)

2.1 Enter the letter code

TFA2

– SUSPENSION NOTICE TO DOR TR

2.2 Access Non–ACS Variables in the navigation pane to add any additional information to appear on the form.

2.3 Complete the merge process.

3. Mail or fax the notice to the Driver License Bureau.

Department of Revenue

Driver License Bureau

P.O. Box 3950

Jefferson City, MO 65105-3950

Fax: (573) 526-2511

4. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

4.1 Enter the docket code NRNS – Resident Notice to State

4.2 Enter any relevant details into docket text indicating the Suspension Notice was mailed or faxed to DOR.

Lieu of Bail – Hold Order

1. CZRLMRG – Custom Letter Merge (See Procedures: Generating a Letter Through CZRLMRG in GOLD)

1.1 Enter the letter code

1454A

– LIEU OF BAIL – DOR FORM 1454A

1.2 Access Non–ACS Variables in the navigation pane to add any additional information to appear on the form.

1.3 Complete the merge process.

1.4 Place an indicator in the hold order box.

2. Mail or fax the document to DOR.

3. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

3.1 Enter the docket code FHOLI – Hold Placed on License

3.2 Enter any relevant details into docket text indicating the Lieu of Bail document was faxed or mailed to DOR.

Compliance Following Suspension

1. CVATDIS – Custom Traffic Disposition/Payment Entry (See Procedures: Disposing of a Citation in GOLD)

1.1 Upon receiving payment of fine and costs (paid in full, in part or payment plan) after the 30 day time period, complete normal case disposition procedures.

2. Complete the Compliance Notice (Citizen, Ply 3 and Court, Ply 4) portion. The Citizen notice is given or mailed to the party, who is responsible for providing it to DOR for driving privilege reinstatement.

Note:

3. CZRLMRG – Custom Letter Merge (See Procedures: Generating a Letter Through CZRLMRG in GOLD)

3.1 Enter the letter code

TFA3

– Compliance Notice – CIT-DOR TR.

3.2 Access Non–ACS Variables in the navigation pane to add any additional information to appear on the form.

3.3 Complete the merge process.

4. Mail or provide the Compliance Notice (Citizen) to the defendant.

5. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

5.1 Enter into docket text of the disposition code any relevant details indicating the notice was given or mailed to the defendant.

Lieu of Bail – Release Order

1. If the DOR 1454A – Lieu of Bail was sent to DOR as a hold order, provide the release order.

2. CZRLMRG – Custom Letter Merge (See Procedures: Generating a Letter Through CZRLMRG in GOLD)

2.1 Enter the letter code

1454A

– LIEU OF BAIL – DOR FORM 1454A.

2.2 Access Non–ACS Variables in the navigation pane to add any additional information to appear on the form.

2.3 Complete the merge process.

2.4 Place an indicator in the release order box.

3. Mail or fax the document to DOR.

4. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

4.1 Enter the docket code FHORE – Hold on License Released

4.2 Enter any relevant details into docket text indicating the Lieu of Bail document was faxed or mailed to DOR reflecting the release order.

Forms
DOR Form 1454A Lieu of Bail
DOR Form 4558 Failure to Appear or Pay Traffic Violation Notice
DOR Form Forms Supply Requisition