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Municipal Clerk Manual – Courts without JIS



Section/Rule:
6.4

Subject:
Chapter 6 - General/Miscellaneous
Publication / Adopted Date:
October 2015

Topic:
Failure to Provide Proof of Financial Responsibility
Revised / Effective Date:
Municipal Clerk Manual
Courts without JIS
Chapter Six - General/Miscellaneous


6.4 FAILURE TO PROVIDE PROOF OF FINANCIAL RESPONSIBILITY

References
Statutes: 302.303, 302.304, 303.024 and 303.025 RSMo
Supreme Court Rules: N/A
Court Operating Rules: N/A
Publication Date: October 2015

INTRODUCTION

FAILURE of a Missouri resident or non-resident owner TO MAINTAIN FINANCIAL RESPONSIBILITY on his or her motor vehicle is a misdemeanor. In accordance with Section 303.024 RSMo, officers or commercial vehicle inspectors are required to issue a citation for failure to provide proof of insurance as required by Section 303.025 RSMo.

However, if the individual can provide proof to the court that the financial responsibility requirement was met at the time the citation was written, they shall not be found guilty and no court costs shall be assessed.

If the individual is found guilty, in addition to any other authorized punishment, the court shall do one of the following:

* Enter an order suspending driving privileges as of the date of the court order. If the defendant is a Missouri resident, they shall surrender his or her license to the court;

* Report disposition information to DOR for points assessment.

* In lieu of points, render an order of supervision. An order of supervision shall not be entered more than one (1) time in any thirty-six (36) month period.
The defendant may appeal an order of suspension pursuant to Chapter 512 RSMo. The provision of Section 302.311 RSMo (petition for judicial review of an administrative decision) shall not apply.

CLERK’S DUTIES/PROCEDURES

1. For complete procedures on case initiation, see Section 2.1 Case Initiation 2. For complete procedures on general traffic disposition, see Section 3.1 Case Disposition Procedures.

NOTE: See the appropriate section below for procedures which reflects your situation.
Order Suspending Driving Privileges

3. For Missouri residents, forward the Mandatory Insurance-Order of Supervision/Suspension form (CR245), along with the defendant’s license, to DOR. For non-residents, forward CR245 to the Missouri DOR for processing with the non-resident’s home state. This form must be sent to the address indicated below within ten (10) days of conviction.

Order of Supervision

4. If the judge orders court-ordered supervision in lieu of an assessment of points, forward the Mandatory Insurance-Order of Supervision/Suspension form (CR245) to DOR at the address indicated below within ten (10) days of the conviction.

Form
MIOS (CR245) Mandatory Insurance-Order of Supervision/Suspension