Petition for Limited Driving Privileges in Missouri
Do you need to petition for limited driving privileges in Missouri? Qualified lawyers from Ozarks DWI Law Clinic can explain how the law applies to your particular circumstances and assist you.
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Limited Driving Privileges in Missouri
Driving is a privilege one can enjoy and not a right. Therefore, operating a motor vehicle requires a person to possess special skills and training since it involves coordination, quick reflexes, and strategic thinking, among other things.
Driving entails a lot of responsibility. You are responsible for not only your own safety but also of the others on the road when you’re behind the wheel. This includes obeying all traffic laws, exercising caution when driving close to pedestrians or cyclists, and ensuring you’re never intoxicated while driving.
It will be difficult for you to get to school, work, or run errands if you receive a Missouri DUI conviction or if your license is suspended for any other reason.
In such cases, you can be eligible for a limited driving privilege (LDP) to drive for some preapproved purposes. An LDP is also known as a hardship license.
Why You Need to Consider Applying for LDP
There are numerous reasons why you may consider submitting an LDP application:
- It can help you keep your job if you need to drive long distances to get to work while your license is suspended or revoked.
- It can allow you to continue attending school if you need to drive to campus.
- It can help you take care of your family if you need to drive to appointments or run errands.
Therefore, determine if you are eligible for a hardship license to gain limited driving privileges.
Eligibility for Limited Driving Privilege in Missouri
The eligibility criteria for obtaining an LDP include the following:
- You are a resident of the state of Missouri. Or you work or attend school in Missouri if you are a resident of another state.
- You haven’t been convicted of a felony involving a motor vehicle during the last five years.
- Your license was not suspended due to a conviction for driving with a blood alcohol concentration level over the legal limit.
- Your license was not suspended due to the non-payment of a ticket in Missouri or another state.
Limited Driving Privilege Process
The process for obtaining a hardship license can be sometimes lengthy, so planning and applying as soon as possible is vital. If your application is approved, you’ll be issued an LDP. This will allow you to drive for specific purposes during the suspension period.
Please read your LDP’s terms and conditions carefully before driving. Understanding the first offense can help avoid future penalties. Therefore, consider hiring an attorney to help you.
In Missouri, there are two methods by which a person can obtain a limited driving privilege.
Method 1: Application to the Department of Revenue
In case of a first DWI offense, your license may be suspended for 90 days. In such cases, you may apply for an LPD by submitting an application to the Missouri Department of Revenue (DOR).
You have to complete an application form and pay the filing fee. You will then apply to the DOR, along with any supporting documentation, such as proof of insurance (SR-22) or an affidavit of hardship (if applicable).
You may also be required to install an ignition interlock device (IID) if you have more than one alcohol-related offense or an active chemical revocation on your driving record. The installer informs the DOR once the installation is complete. The IID must continue to be installed for at least the duration of your LDP.
The DOR generally reviews the application within a week and mails the order either granting or denying the LDP. If approved, you will be issued a limited driving permit allowing you to drive for specific purposes only.
Method 2: Petition in Circuit Court
If you are facing a 5 or 10-year driver’s license denial, you can apply for an LDP only by filing a petition in the circuit court where you live or work.
An individual needs to file a motion in the circuit court along with a filing fee. The motion must state why the person is requesting for a limited driving privilege. You may also be required to install an ignition interlock device, depending on the facts of the case.
The court schedules a hearing after filing the motion. At the hearing, the person requesting the limited driving privilege has to demonstrate why the court should grant them such a privilege. If the court finds good cause, it will issue an order granting the request. You must then file a copy of the court order with the DOR.
Penalties for Driving With a Suspended License
Driving a motor vehicle without a valid Missouri driver’s license due to revocation or suspension can be classified as a misdemeanor or felony, depending on the facts of each case. Therefore, understanding DWI laws is crucial to avoid penalties.
In the case of a first conviction, the court treats it as a Class D misdemeanor punishable by up to $500. A second or third conviction falls under Class A misdemeanor. The offender can be fined up to $2,000 and a jail term of up to one year.
The offense is classified as a Class E felony if:
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A fourth conviction is recorded with three priors in 10 years.
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Found breaking laws related to DWI-induced suspension or revocation for the second time in ten years.
This offense, under Missouri law, carries up to four years of jail term and a maximum of $10,000 fine. Consider hiring an attorney to protect your rights in a DWI Missouri case.
How Can an Attorney Help?
If the prosecution accuses you of driving while your license is revoked or suspended, you might want to speak with an attorney about your case. Qualified lawyers from Ozarks DWI Law Clinic can explain how the law applies to your particular circumstances and assist you in choosing an appropriate course of action.
If your license is suspended or revoked, contact us today to seek immediate legal counsel from our firm’s professionals so you can understand your rights, limitations, and potential penalties if you decide to drive.