Section 304.070

Title XIX MOTOR VEHICLES, WATERCRAFT AND AVIATION

Chapter 304

Effective - 01 Jan 2017, 3 histories, see footnote   

  304.070.  Violation of section 304.050, penalty. — 1.  Any person who violates any of the provisions of subsections 1, 3, and 7^* of section 304.050 is guilty of a class A misdemeanor.  In addition, the court may suspend the driver's license of any person who violates the provision of subsection 1 of section 304.050.  If ordered by the court, the director shall suspend the driver's license for ninety days for a first offense of subsection 1 of section 304.050, and one hundred twenty days for a second or subsequent offense of subsection 1 of section 304.050.  Any person who violates subsection 1 of section 304.050 where such violation results in the injury of any child shall be guilty of a class E felony.  Any person who violates subsection 1 of section 304.050 where such violation causes the death of any child shall be guilty of a class D felony.

  2.  Any appeal of a suspension imposed under subsection 1 of this section shall be a direct appeal of the court order and subject to review by the presiding judge of the circuit court or another judge within the circuit other than the judge who issued the original order to suspend the driver's license.  The director of revenue's entry of the court-ordered suspension on the driving record is not a decision subject to review pursuant to section 302.311.  Any suspension of the driver's license ordered by the court under this section shall be in addition to any other suspension that may occur as a result of the conviction pursuant to other provisions of law.

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(L. 1949 p. 329 § 3, A.L. 1965 p. 486, A.L. 1985 H.B. 288, et al., A.L. 2004 S.B. 1233, et al., A.L. 2006 S.B. 872, et al., A.L. 2014 S.B. 491)

Effective 1-01-17

*Statutory reference to subsection "6" changed to "7" in accordance with section 3.060 based on renumbering in section 304.050 by H.B. 661 and S.B. 53 & 60, 2021.