Section 302.312

Title XIX MOTOR VEHICLES, WATERCRAFT AND AVIATION

Chapter 302

Effective - 28 Aug 1996   

  302.312.  Department of revenue and department of health and senior services, bureau of vital statistics, records, admissible in evidence, when — computer terminal printout of individual driving record admissible as evidence, printout available to driver, when, fee. — 1.  Copies of all papers, documents, and records lawfully deposited or filed in the offices of the department of revenue or the bureau of vital records of the department of health and senior services and copies of any records, properly certified by the appropriate custodian or the director, shall be admissible as evidence in all courts of this state and in all administrative proceedings.

  2.  A computer terminal printout of an individual driving record through the Missouri uniform law enforcement system from the department of revenue database, certified by an officer of the local law enforcement agency, shall be admissible in evidence in all courts of this state.  A local law enforcement agency equipped with a computer terminal shall provide a motor vehicle driver with a copy of such printout relating to the license of such motor vehicle driver upon the execution of a written request.  The local law enforcement agency may charge an administrative fee not to exceed five dollars per copy.

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(L. 1972 S.B. 651, A.L. 1987 S.B. 230, A.L. 1995 H.B. 717 merged with S.B. 24 merged with S.B. 374, A.L. 1996 H.B. 1169 & 1271 merged with S.B. 722)

CROSS REFERENCE:

Vital statistics records, prima facie evidence, 193.255

(1998) Copies of documents from the department of revenue are admissible so long as properly certified.  Mills v. Director of Revenue, 964 S.W.2d 873 (Mo.App. E.D.).

(1998) 1996 amendment to statute governing the admissibility as evidence of copies of records filed with the department of revenue removed the requirement that copies of such records be served on the opposing party at least seven days before trial to be admissible. State v. Anders, 975 S.W.2d 462 (W.D.Mo.).

(2013) Admission of certified copies of records without testimony of records' creators did not violate motorists' due process right to confront and cross-examine witnesses.  Doughty v. Director of Revenue, 387 S.W.3d 383 (Mo.banc).