Protect Your Driving Privileges With the Right Defense Attorney
If there’s one thing thing you don’t want to compromise in your day-to-day life, it’s your driving privileges. But, situations happen, and it’s important to know what to expect when they do.
Upon being convicted of driving under the influence (DUI) or driving while intoxicated (DWI) two or more times within a 5-year period — your Missouri driver’s license and privileges will be compromised. With the current laws and regulations in place, the Missouri Department of Revenue will deny access to your license 5 years as a result of the convictions. Furthermore, if you have three or more DUI or DWI convictions in a lifetime, you will be denied access for ten years.
For questions about navigating compromised driving privilege, contact Kitchin Law Firm today!
MISSOURI LIMITED DRIVING PRIVILEGE
If you are denied a license for five or ten years, this can hinder your ability to drive to work, or handle other important matters. So, what’s your next step? Fortunately, you may be eligible for a Limited Driving Privilege, (sometimes called a “Hardship License” or “LDP”). If it’s granted to you, it will allow you to drive to specific, pre-approved locations.
There are two ways to apply for Limited Driving Privilege in Missouri if your license has been suspended, revoked or denied, and Kitchin Law Firm can assist you with either application.
How to apply:
- Submit a Limited Driving Privilege form directly to the Missouri Department of Revenue
- Hire an attorney who will file a petition with the circuit court
If you have an active five or ten-year denial on your Missouri driving record, you cannot directly apply to the Missouri Department of Revenue. Since you have to file a petition with the circuit court in the Missouri county where you live or work, and obtain an order from a judge granting you Limited Driving Privilege for the active term of the denial period — you should consider hiring an attorney.
When you file a petition in the circuit court, you are filing a case against the Missouri Department of Revenue. After the petition is filed, you’ll be assigned a court date for your hearing. At this hearing, evidence must be presented to the judge showing that your habits and conduct do not pose a danger to the public.
If the judge grants your request for limited driving privilege, you will be given an order granting Limited Driving Privilege, and this order must be on file with the Missouri Department of Revenue.
This order is your “driving document”, and if listed on this document you will be able to drive a vehicle in connection with any of the following:
- Going to work
- Seeking medical treatment
- Attending school or other institution of higher education
- Attending alcohol or drug treatment programs
- Seeking the required services of a certified ignition interlock device provider
- Any other circumstances the court or the Director of the Missouri Department of Revenue finds would create an undue hardship on the operator.
Finally, if the judge grants you Limited Driving Privilege you will need to get SR22 insurance, and the judge will order you to install an ignition interlock device (IID), with a camera on any vehicle you drive. The judge may also order that the IID be installed with GPS. Proof that you have obtained SR22 insurance and the installation of the IID must be kept on file with the Missouri Department of Revenue.
Keep in mind, this isn’t something you have to walk through alone. Contact Kitchin Law Firm today with any questions you have regarding Limited Driving Privilege — we’re ready to help!
MISSOURI LICENSE REINSTATEMENT
If your Missouri driver’s license has been denied for a period of five or ten years, you must obtain an order of reinstatement from a circuit court to get your license back (if you are eligible to be reinstated).
Reasons that would make you ineligible for reinstatement include:
- Not completing the five or ten-year denial period.
- You’ve been convicted of alcohol or drug charges during the period of denial (either the past 5 or 10 years). If this occurs, the period of denial starts over, but you may still be eligible to apply for Limited Driving Privilege.
- You have not completed a Substance Awareness Traffic Offender Program (SATOP) class for the conviction that caused the denial of your license.
If your driver’s license is eligible to be reinstated, you should hire an attorney to assist you in obtaining an order of reinstatement.
To obtain an order of reinstatement, you or your attorney must file a case against the Missouri Department of Revenue. To do this, you will need to file a petition for reinstatement in the Missouri circuit court in the county where your last DWI conviction occurred. If your last DUI/DWI conviction occurred in another state, then your petition must be filed in the Circuit Court of Cole County, located in Jefferson City, Missouri.
Once you have filed a petition for reinstatement, and the filing has been accepted by the court, the court will then assign you a case number and court date. After this occurs, you must obtain a criminal history check by submitting a finger print card to the Missouri Highway Patrol. They will then perform this background check and send the results to the Missouri Department of Revenue and the Circuit Court.
At the hearing for reinstatement, you must present evidence to the judge which shows that your habits and conduct do not pose a danger to yourself or to the public. If the judge issues an order reinstating your license, you will be required to install an ignition interlock device (IID), with a camera on any vehicle you drive for 6 months, and the judge may also order that the IID be installed with GPS.
Finally, if your denial is nearing its end and your reinstatement date is approaching, it’s a good idea to get started on this process sooner than later. You don’t want be eligible for a reinstatement, and then have to wait to drive because your case is working through the court system.
Contact Kitchin Law Firm
If you or someone you know is working to get Limited Driving Privilege in Missouri, your next step is to find the right criminal defense attorney that will work to fight for your driving privileges.
For a defense attorney you can trust to handle your case, contact Kitchin Law Firm today!