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Municipal Clerk Manual – Courts without 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
Municipal Divisions without 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: February 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:

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:

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 effectively 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

Failure to Appear or Pay Traffic Violations

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.

2. Calculate the fine and costs.

3. Mail the original copy (Ply 1) to the party.

4. Enter relevant details on the backer sheet indicating the DOR 4558 was mailed to the defendant.

5. Retain remaining parts of the document in the case file folder, or in a tickler system to be used at the time of noncompliance or compliance by the party.

6. Date file stamp and file the documents in the case file, as appropriate.

7. Schedule a case review hearing within the 30 days of the notice and note on the backer sheet.

8. Enter the date and time of the event and any relevant details indicating the purpose of the case review on the backer sheet.

9. Maintain the case file with other pending cases.

Compliance within 30 Days

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 and record the disposition on the Abstract of Court Record or the Record of Conviction, including ensuring the Department of Revenue receives this information within 7 days of disposition, for all reportable charges.
2. Complete Ply 3 of DOR 4558 form, Compliance Notice (Citizen), and Ply 4 Compliance Notice (Court), previously retained in case file folder.

3. The Compliance Notice (Citizen) is given or mailed to the defendant.

4. Enter on the backer sheet details indicating Compliance Notice was given or mailed to the defendant.

5. The Compliance Notice (Court) is to be retained by the court, filed in the case file as appropriate.

6. Make an entry on the backer sheet to cancel any case review hearing previously scheduled.

7. Enter relevant details on the backer sheet including case disposition, fines and/or costs paid, payment plans, etc.

8. File the case in alphabetical order by defendant’s last name by year of disposition in accordance with retention schedule outlined in COR 8.

Noncompliance

1. If no response is received from the defendant within 30 days of notice issuance, complete Ply 2 of the DOR 4558 form, Suspension Notice, previously retained in the case file. The Suspension Notice is used to notify DOR of the noncompliance and request the Department of Revenue to suspend driving privileges of the defendant.
2. Mail or fax the documents to the Driver License Bureau:
3. Enter relevant details on the backer sheet indicating the Suspension Notice was mailed or faxed to DOR.

4. File the document in the case file, as appropriate and maintain the case file with other pending cases.

Compliance Following Suspension

1. Upon receiving payment of fine and costs (paid in full, in part or payment plan) after the 30 day time period, complete Ply 3 and Ply 4 of the DOR 4558 form, Compliance Notice, previously retained in the case file.

2. The Compliance Notice (Citizen, Ply 3) is given or mailed to the defendant, who is responsible for providing it to the Department of Revenue for driving privilege reinstatement.

3. The Compliance Notice (Court, Ply 4) is to be retained by the court.

4. Proceed with normal disposition of the traffic case and record the disposition on the Abstract of Court Record or the Record of Conviction, including ensuring Department of Revenue receives this information within 7 days from the date of conviction for all reportable charges.

5. Enter relevant details on the backer sheet including the case disposition, fines and/or costs paid, payment plan, etc. If there are pending fines/costs, maintain the case file with other pending cases until paid in full.

6. If fines and costs are paid in full, file the case in alphabetical order by defendant’s last name by year of disposition in accordance with retention schedule outlined in COR 8.

Lieu of Bail – Hold Order

Note: Lieu of Bail holds should only be utilized by municipal divisions if an arrest occurred with the traffic offense and upon approval of the municipal judge.

1. By Missouri statute 544.045, DOR 1454A Lieu of Bail form should be used to request the Department of Revenue not to issue a license until further notice from the court.

Lieu of Bail – Release Order

1. Once the defendant has satisfied all costs owed, the release order portion of DOR 1454A form should be completed and mailed or faxed to the Department of Revenue. DOR 1454A Lieu of Bail form is at the end of this section. 2. Enter relevant details on the backer sheet indicating the release order was mailed or faxed to DOR.

3. File the case in alphabetical order by defendant’s last name by year of disposition in accordance with retention schedule outlined in COR 8.

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