Supreme Court of Missouri
en banc

In re:

Adoption of new Court Operating Rule 26, entitled “DWI Divisions and Dockets.”
 
  1.  Pursuant to article V, sections 4 and 5 of the Missouri Constitution, and to effectuate the provisions of Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill Nos. 1695, 1742 & 1674, the following rule, to be known as Court Operating Rule 26, entitled “DWI Divisions and Dockets,” is hereby adopted.
 

COURT OPERATING RULE 26 -- DWI DIVISIONS AND DOCKETS
 
COURT OPERATING RULE 26.01 -- APPROVAL BY DRUG COURT COORDINATING COMMISSION REQUIRED

Every court that seeks to establish a division or docket of the court as provided in section 478.007, RSMo Supp. 2010, shall submit a plan of operation of the division or docket to the drug court coordinating commission.  The division or docket shall not operate until the commission approves a plan of operation for the division or docket.
 

[COURT OPERATING RULES 26.02 TO 26.04 RESERVED.]
 

COURT OPERATING RULE 26.05 -- REQUIRED ELEMENTS OF PLAN OF OPERATION

The commission shall require each plan of operation subject to this Court Operating Rule 26 to include the following:
 
(a) Restrictions on the issuance of a limited driving privilege:
 
 
(1) For a person who has not completed all the requirements of the division or docket program, proof of the following:
 
 

(A) The person has attained the appropriate “continuing care” portion of the program;  
 
 

(B) Compliance with section 302.309, RSMo;
 
 
 
(C) Substantial and sustained compliance with all division or docket program requirements;
 
 

(D) Active participation in treatment;
 
 

(E) The person has not unlawfully operated a motor vehicle for at least one year prior to the granting of the limited driving privilege;
 
 

(F) Substantial and sustained abstinence from drugs and alcohol;
 
 

(G) A stable residence;
 
 

(H) The ability to comply with and maintain the financial obligations required by the division or docket; and
 
 

(I) The person’s habits and conduct demonstrate that the person no longer poses a threat to the public safety of the citizens of the state and that the person is able to maintain a sober, law-abiding lifestyle;
 

 

(2) For a person who has completed all the requirements of the division or docket program, proof of the following:

 

(A) Compliance with section 302.309, RSMo;
 

(B) Successful completion of the division or docket program;
 

(C) The person has not unlawfully operated a motor vehicle for at least one year prior to the granting of the limited driving privilege;
 

(D) The person has not been convicted of any offense related to alcohol, controlled substances, or drugs since completing the division or docket program;
 

(E) The person has agreed to submit to drug or alcohol testing or monitoring; and
 

(F) The person’s habits and conduct demonstrate that the person no longer poses a threat to the public safety of the citizens of the state and that the person is able to maintain a sober, law-abiding lifestyle;
 
(b) Termination of a limited driving privilege for each person who has not completed all the requirements of the division or docket program, to include termination for any of the following reasons:  
 

(1) The person fails to comply with section 302.309, RSMo;
 

(2) The person is terminated from the division or docket program for reasons other than successful completion of the program;
 

(3) The person submits a positive drug or alcohol test, or submits an altered or diluted sample, or incurs an alcohol or drug related law enforcement contact, or otherwise presents a public safety risk;
 

(4) The person fails to comply with any condition imposed on the limited driving privilege including continuous drug or alcohol testing or monitoring; or
 

(5) Good cause otherwise is shown for termination of the limited driving privilege;
 
(c) Termination of a limited driving privilege for each person who has completed all the requirements of the division or docket program, to include termination for any of the following reasons:
 

(1) The person fails to comply with section 302.309, RSMo;
 

(2) The person submits a positive drug or alcohol test, or submits an altered or diluted sample, or incurs an alcohol or drug related law enforcement contact, or otherwise presents a public safety risk;
 

(3) The person fails to comply with any condition imposed on the limited driving privilege including continuous drug or alcohol testing or monitoring; or
 

(4) Good cause otherwise is shown for termination of the limited driving privilege;
 
(d) Notice and an opportunity to be heard on the issue of termination of the limited driving privilege whenever required by due process and for violations pertaining to positive drug or alcohol tests, altered or diluted samples, alcohol or drug related law enforcement contacts, or otherwise presenting a public safety risk; and
 
(e) Notification of the department of revenue immediately upon termination of the limited driving privilege.
 

2.  It is ordered that notice of this order be published in the Journal of The Missouri Bar.
 
3.  It is ordered that this order be published in the South Western Reporter.
 
4.  The state courts administrator shall distribute copies of this order to each presiding judge and circuit clerk and such other persons as the state courts administrator determines.

Day - to - Day

______________________________
WILLIAM RAY PRICE, JR.
Chief Justice