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Municipal Clerk Manual – Courts without JIS
Section/Rule:
3.7
Subject:
Chapter 3 - Citation Case Processing Procedures
Publication / Adopted Date:
September 1995
Topic:
Traffic Offender Program Completion
Revised / Effective Date:
January 2017
Municipal Clerk Handbook
Courts without JIS
Chapter Three – Citation Case Processing Procedures
3.7 – Traffic Offender Program Completion
References
Statute:
302.302
,
302.345
,
302.425
,
302.574
, and
302.580
, RSMo
Publication: September 1995
Revised: January 2018
Quick Index
Clerk’s Duties/Procedures
Driver Improvement Program (DIP)
Substance Abuse Traffic Offender Program (SATOP)
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 court may order a traffic offender to participate in a driver improvement program (DIP) or, under certain circumstances, require a substance awareness traffic offender program (SATOP). The clerk is required to report DIP program completion to the Department of Revenue (DOR). The clerk is not required to report SATOP program completion to DOR.
Driver Improvement Program (DIP) (Sections
302.302
and
302.345
, RSMo)
An offender, on order of the court, may complete an approved Driver Improvement Program (DIP) or if the violation was committed while operating a motorcycle, a motorcycle-rider training course approved by the state highways and transportation commission within 60 days of the date of conviction. If the court orders the stay of points, successful completion within 60 days will result in DOR staying the assessment of points against the offender's driving record for the offense, if the court permits the stay of points. However, the offense remains on the defendant's driving record. If the program is not completed within 60 days, points will be assessed by DOR. The completion of a DIP shall not be accepted in lieu of points more than one time in any 36 month period.
Note: The court may order a defendant to complete a DIP program without staying the assessment of points. Only report DIP program participation and completion to DOR when the court has ordered a stay of assessment of points and the program is completed within 60 days of conviction.
The clerk must send notice within 15 days of program completion or within 15 days of failure to complete the program to:
Director of Revenue
Driver License Bureau
P. O. Box 200
Jefferson City, MO 65105-0200
Note: Pursuant to Section
302.345
, RSMo, individuals possessing a commercial driver’s license (CDL) or driving a commercial motor vehicle (CMV) are not eligible to have points stayed regardless of participation and/or completion of a DIP.
Substance Abuse Traffic Offender Program (SATOP) (Sections
302.425
,
302.574
, and
302.580
, RSMo)
An alcohol or drug-related traffic offender who pleads guilty or is found guilty of such offense shall be ordered to participate in an approved Substance Abuse Traffic Offender Program (SATOP) according to Section
302.425
, RSMO. A person charged with refusal pursuant to Section
302.574
, RSMo, must complete SATOP in order to have his/her license reinstated.
Section
302.425
, RSMo states the court shall enter an order that any person under 21 years of age determined to have violated any law involving the possession or use of alcohol complete a substance abuse traffic offender program when the person pleads guilty or is found guilty of such offense by the court, or if a juvenile court finds that the offense was committed by such person.
When the court orders a SATOP program completion, refer the offender to the nearest Offender Management Units (OMU) for assessment. The OMU will refer the offender to an appropriate program based on the assessment. The court is not required to send assignment or program completion paperwork to DOR or any other agency. The program provider is responsible for meeting this requirement.
Note: To obtain a list of Offender Management Units (OMU) and program providers, contact the Department of Mental Health, Division of Behavioral Health, (573) 751.8017, or e-mail at
dbhmail@dmh.mo.gov
,
or access via the internet
https://dmh.mo.gov/ada/satop/omu.html
.
Clerk’s Duties/Procedures
Participation in Driver Improvement Program (DIP) Ordered and Points are Stayed
1.
The court may order a defendant to complete a DIP program without staying the assessment of points. Only report DIP program participation when the court has ordered a stay of assessment of points.
2. At the time the case is disposed, report the defendant's DIP program participation on the Abstract of Court Record or Record of Conviction to DOR at:
Director of Revenue
Driver and Vehicle Services Bureau
P. O. Box 200
Jefferson City, MO 65105-0200
Completion of Driver Improvement Program
The program provider shall notify the court if the defendant successfully completes or fails to complete the DIP. The program provider shall report program completion or failure on the Missouri Department of Revenue-Record of Participation and Completion of Driver Improvement Program form (
DOR 4444
). See form
DOR 4444
, Record of Participation and Completion of Driver Improvement Program at the end of this section.
Note: The court may order a defendant to complete a DIP program without staying the assessment of points. Only report DIP program completion or failure when the court has ordered a stay of assessment of points and the program is completed within 60 days of conviction.
1. Date file stamp the DOR 4444, Record of Participation and Completion of Driver Improvement Program upon receipt.
2. Sign and date the DOR 4444 and send it to DOR within 15 days of program completion or within 15 days of failure to complete the program to:
Director of Revenue
Driver License Bureau
P. O. Box 200
Jefferson City, MO 65105-0200
3. Place in the case file a copy of the Missouri Department of Revenue-Record of Participation and Completion of Driver Improvement Program form.
Forms
DOR 4444 Record of Participation and Completion of Driver Improvement Program