☰ Revisor of Missouri

Title XIX MOTOR VEHICLES, WATERCRAFT AND AVIATION

Chapter 302

< > Effective - 28 Aug 2009, 6 histories, see footnote (history) bottom

  302.060.  License not to be issued to whom, exceptions — reinstatement requirements. — 1. The director shall not issue any license and shall immediately deny any driving privilege:

  (1) To any person who is under the age of eighteen years, if such person operates a motor vehicle in the transportation of persons or property as classified in section 302.015;

  (2) To any person who is under the age of sixteen years, except as hereinafter provided;

  (3) To any person whose license has been suspended, during such suspension, or to any person whose license has been revoked, until the expiration of one year after such license was revoked;

  (4) To any person who is an habitual drunkard or is addicted to the use of narcotic drugs;

  (5) To any person who has previously been adjudged to be incapacitated and who at the time of application has not been restored to partial capacity;

  (6) To any person who, when required by this law to take an examination, has failed to pass such examination;

  (7) To any person who has an unsatisfied judgment against such person, as defined in chapter 303, until such judgment has been satisfied or the financial responsibility of such person, as defined in section 303.120, has been established;

  (8) To any person whose application shows that the person has been convicted within one year prior to such application of violating the laws of this state relating to failure to stop after an accident and to disclose the person's identity or driving a motor vehicle without the owner's consent;

  (9) To any person who has been convicted more than twice of violating state law, or a county or municipal ordinance where the defendant was represented by or waived the right to an attorney in writing, relating to driving while intoxicated; except that, after the expiration of ten years from the date of conviction of the last offense of violating such law or ordinance relating to driving while intoxicated, a person who was so convicted may petition the circuit court of the county in which such last conviction was rendered and the court shall review the person's habits and conduct since such conviction. If the court finds that the petitioner has not been convicted of any offense related to alcohol, controlled substances or drugs during the preceding ten years and that the petitioner's habits and conduct show such petitioner to no longer pose a threat to the public safety of this state, the court may order the director to issue a license to the petitioner if the petitioner is otherwise qualified pursuant to the provisions of sections 302.010 to 302.540. No person may obtain a license pursuant to the provisions of this subdivision through court action more than one time;

  (10) To any person who has been convicted twice within a five-year period of violating state law, or a county or municipal ordinance, of driving while intoxicated, or any other intoxication-related traffic offense as defined in subdivision (4) of subsection 1 of section 577.023, or who has been convicted of the crime of involuntary manslaughter while operating a motor vehicle in an intoxicated condition. The director shall not issue a license to such person for five years from the date such person was convicted or pled guilty for involuntary manslaughter while operating a motor vehicle in an intoxicated condition or for driving while intoxicated or any other intoxication-related traffic offense as defined in subdivision (4) of subsection 1 of section 577.023 for the second time;

  (11) To any person who is otherwise disqualified pursuant to the provisions of sections 302.010 to 302.780, chapter 303, or section 544.046;

  (12) To any person who is under the age of eighteen years, if such person's parents or legal guardians file a certified document with the department of revenue stating that the director shall not issue such person a driver's license. Each document filed by the person's parents or legal guardians shall be made upon a form furnished by the director and shall include identifying information of the person for whom the parents or legal guardians are denying the driver's license. The document shall also contain identifying information of the person's parents or legal guardians. The document shall be certified by the parents or legal guardians to be true and correct. This provision shall not apply to any person who is legally emancipated. The parents or legal guardians may later file an additional document with the department of revenue which reinstates the person's ability to receive a driver's license.

  2. Any person whose license is reinstated under the provisions of subdivisions (9) and (10) of subsection 1 of this section shall be required to file proof with the director of revenue that any motor vehicle operated by the person is equipped with a functioning, certified ignition interlock device as a required condition of reinstatement. The ignition interlock device shall further be required to be maintained on all motor vehicles operated by the person for a period of not less than six months immediately following the date of reinstatement. If the person fails to maintain such proof with the director, the license shall be suspended for the remainder of the six-month period or until proof as required by this section is filed with the director. Upon the completion of the six-month period, the license shall be shown as reinstated, if the person is otherwise eligible.

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(RSMo 1939 § 8446, A.L. 1951 p. 678, A.L. 1961 p. 487, A.L. 1982 S.B. 513, A.L. 1983 S.B. 44 & 45, A.L. 1984 H.B. 1575 Revision, A.L. 1987 S.B. 230, A.L. 1989 1st Ex. Sess. H.B. 3, A.L. 1991 S.B. 125 & 341, A.L. 1996 H.B. 1169 & 1271 merged with S.B. 722, A.L. 1999 S.B. 19, A.L. 2005 S.B. 37, et al., A.L. 2008 S.B. 930 & 947, A.L. 2009 H.B. 62)


---- end of effective   28 Aug 2009 ----

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Effective End
302.060 8/28/2018
302.060 1/1/2017 8/28/2018
302.060 3/3/2014 1/1/2017
302.060 10/1/2013 3/3/2014
302.060 8/28/2012 10/1/2013
302.060 8/28/2009 8/28/2012

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