§ 302.321 — Driving while license or driving privilege is cancelled, suspended or revoked, penalty — enhanced penalty for repeat offenders — imprisonment, mandatory, exception.

Missouri § 302.321

• Jurisdiction: Missouri
• Title XIX: MOTOR VEHICLES, WATERCRAFT AND AVIATION
• Ch. 302: Drivers' and Commercial Drivers' Licenses

Text

1.  A person commits the offense of driving while revoked if such person operates a motor vehicle on a highway when such person's license or driving privilege has been cancelled, suspended, or revoked under the laws of this state or any other state and acts with criminal negligence with respect to knowledge of the fact that such person's driving privilege has been cancelled, suspended, or revoked.

2.  Any person convicted of driving while revoked is guilty of a misdemeanor.  A first violation of this section shall be punishable as a class D misdemeanor.  A second or third violation of this section shall be punishable as a class A misdemeanor.  Any person with no prior alcohol-related enforcement contacts as defined in section 302.525 , convicted a fourth or subsequent time of driving while revoked or a county or municipal ordinance of driving while suspended or revoked where the defendant was represented by or waived the right to an attorney in writing, and where the prior three driving-while-revoked offenses occurred within ten years of the date of occurrence of the present offense; and any person with a prior alcohol-related enforcement contact as defined in section 302.525 , convicted a third or subsequent time of driving while revoked or a county or municipal ordinance of driving while suspended or revoked where the defendant was represented by or waived the right to an attorney in writing, and where the prior two driving-while-revoked offenses occurred within ten years of the date of occurrence of the present offense and where the person received and served a sentence of ten days or more on such previous offenses is guilty of a class E felony.  Except upon conviction as a first offense, no court shall suspend the imposition of sentence as to such a person nor sentence such person to pay a fine in lieu of a term of imprisonment, nor shall such person be eligible for parole or probation until such person has served a minimum of forty-eight consecutive hours of imprisonment, unless as a condition of such parole or probation, such person performs at least ten days involving at least forty hours of community service under the supervision of the court in those jurisdictions which have a recognized program for community service.  Driving while revoked is a class E felony on the second or subsequent conviction pursuant to section 577.010 or a fourth or subsequent conviction for any other offense.  Prior pleas of guilty and prior findings of guilty shall be pleaded and proven in the same manner as required by section 558.021 .

Legislative History

(RSMo 1939 § 8465, A.L. 1951 p. 678 § 302.320, A.L. 1961 p. 493, A.L. 1972 S.B. 651, A.L. 1983 S.B. 318 & 135, A.L. 1984 H.B. 1575 Revision, A.L. 1989 1st Ex. Sess. H.B. 3, A.L. 1995 H.B. 717, A.L. 1999 S.B. 19, A.L. 2002 H.B. 1270 and H.B. 2032, A.L. 2005 H.B. 353 merged with S.B. 37, et al., A.L. 2011 H.B. 111, A.L. 2014 S.B. 491) Effective 1-01-17 (1968) Information charging defendant with driving while "his license privilege" was under revocation was not defective because it failed to refer specifically to "driver's license" or because it did not state under which statute it had been revoked.  State v. Cipolla (A.), 435 S.W.2d 52. (1975) Definition of "motor vehicle" in chapter 301 is not relevant or controlling in prosecution under this section.  Vehicle that was part foreign car, part motorcycle and part homemade and had no hitch and a gear ratio not compatible with use as a tractor would not fall under this exemption. State v. Gardner (A.), 518 S.W.2d 670. (1987) Knowledge of the revocation is an element of an offense under this section. State v. Horst, 729 S.W.2d 30 (Mo. App.).