Driving while license or driving privilege is canceled, suspended orrevoked, penalty--enhanced penalty for repeat offenders--imprisonment,mandatory, exception.
302.321. 1. A person commits the crime of driving while revoked ifsuch person operates a motor vehicle on a highway when such person'slicense or driving privilege has been canceled, suspended, or revoked underthe laws of this state or any other state and acts with criminal negligencewith respect to knowledge of the fact that such person's driving privilegehas been canceled, suspended, or revoked.
2. Any person convicted of driving while revoked is guilty of a classA misdemeanor. Any person with no prior alcohol-related enforcementcontacts as defined in section 302.525, convicted a fourth or subsequenttime of driving while revoked or a county or municipal ordinance of drivingwhile suspended or revoked where the defendant was represented by or waivedthe right to an attorney in writing, and where the prior threedriving-while-revoked offenses occurred within ten years of the date ofoccurrence of the present offense; and any person with a prioralcohol-related enforcement contact as defined in section 302.525,convicted a third or subsequent time of driving while revoked or a countyor municipal ordinance of driving while suspended or revoked where thedefendant was represented by or waived the right to an attorney in writing,and where the prior two driving-while-revoked offenses occurred within tenyears of the date of occurrence of the present offense and where the personreceived and served a sentence of ten days or more on such previousoffenses is guilty of a class D felony. No court shall suspend theimposition of sentence as to such a person nor sentence such person to paya fine in lieu of a term of imprisonment, nor shall such person be eligiblefor parole or probation until such person has served a minimum offorty-eight consecutive hours of imprisonment, unless as a condition ofsuch parole or probation, such person performs at least ten days involvingat least forty hours of community service under the supervision of thecourt in those jurisdictions which have a recognized program for communityservice. Driving while revoked is a class D felony on the second orsubsequent conviction pursuant to section 577.010, RSMo, or a fourth orsubsequent conviction for any other offense.
(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.).
(2002) Out-of-state resident who had driver's license revoked in home state could be not prosecuted under section; license had not been revoked under laws of this state. State v. Rowe, 63 S.W.3d 647 (Mo.banc).
Driving while license or driving privilege is canceled, suspended orrevoked, penalty--enhanced penalty for repeat offenders--imprisonment,mandatory, exception.
302.321. 1. A person commits the crime of driving while revoked ifsuch person operates a motor vehicle on a highway when such person'slicense or driving privilege has been canceled, suspended, or revoked underthe laws of this state or any other state and acts with criminal negligencewith respect to knowledge of the fact that such person's driving privilegehas been canceled, suspended, or revoked.
2. Any person convicted of driving while revoked is guilty of a classA misdemeanor. Any person with no prior alcohol-related enforcementcontacts as defined in section 302.525, convicted a fourth or subsequenttime of driving while revoked or a county or municipal ordinance of drivingwhile suspended or revoked where the defendant was represented by or waivedthe right to an attorney in writing, and where the prior threedriving-while-revoked offenses occurred within ten years of the date ofoccurrence of the present offense; and any person with a prioralcohol-related enforcement contact as defined in section 302.525,convicted a third or subsequent time of driving while revoked or a countyor municipal ordinance of driving while suspended or revoked where thedefendant was represented by or waived the right to an attorney in writing,and where the prior two driving-while-revoked offenses occurred within tenyears of the date of occurrence of the present offense and where the personreceived and served a sentence of ten days or more on such previousoffenses is guilty of a class D felony. No court shall suspend theimposition of sentence as to such a person nor sentence such person to paya fine in lieu of a term of imprisonment, nor shall such person be eligiblefor parole or probation until such person has served a minimum offorty-eight consecutive hours of imprisonment, unless as a condition ofsuch parole or probation, such person performs at least ten days involvingat least forty hours of community service under the supervision of thecourt in those jurisdictions which have a recognized program for communityservice. Driving while revoked is a class D felony on the second orsubsequent conviction pursuant to section 577.010, RSMo, or a fourth orsubsequent conviction for any other offense.
(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.).
(2002) Out-of-state resident who had driver's license revoked in home state could be not prosecuted under section; license had not been revoked under laws of this state. State v. Rowe, 63 S.W.3d 647 (Mo.banc).
Driving while license or driving privilege is canceled, suspended orrevoked, penalty--enhanced penalty for repeat offenders--imprisonment,mandatory, exception.
302.321. 1. A person commits the crime of driving while revoked ifsuch person operates a motor vehicle on a highway when such person'slicense or driving privilege has been canceled, suspended, or revoked underthe laws of this state or any other state and acts with criminal negligencewith respect to knowledge of the fact that such person's driving privilegehas been canceled, suspended, or revoked.
2. Any person convicted of driving while revoked is guilty of a classA misdemeanor. Any person with no prior alcohol-related enforcementcontacts as defined in section 302.525, convicted a fourth or subsequenttime of driving while revoked or a county or municipal ordinance of drivingwhile suspended or revoked where the defendant was represented by or waivedthe right to an attorney in writing, and where the prior threedriving-while-revoked offenses occurred within ten years of the date ofoccurrence of the present offense; and any person with a prioralcohol-related enforcement contact as defined in section 302.525,convicted a third or subsequent time of driving while revoked or a countyor municipal ordinance of driving while suspended or revoked where thedefendant was represented by or waived the right to an attorney in writing,and where the prior two driving-while-revoked offenses occurred within tenyears of the date of occurrence of the present offense and where the personreceived and served a sentence of ten days or more on such previousoffenses is guilty of a class D felony. No court shall suspend theimposition of sentence as to such a person nor sentence such person to paya fine in lieu of a term of imprisonment, nor shall such person be eligiblefor parole or probation until such person has served a minimum offorty-eight consecutive hours of imprisonment, unless as a condition ofsuch parole or probation, such person performs at least ten days involvingat least forty hours of community service under the supervision of thecourt in those jurisdictions which have a recognized program for communityservice. Driving while revoked is a class D felony on the second orsubsequent conviction pursuant to section 577.010, RSMo, or a fourth orsubsequent conviction for any other offense.
(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.).
(2002) Out-of-state resident who had driver's license revoked in home state could be not prosecuted under section; license had not been revoked under laws of this state. State v. Rowe, 63 S.W.3d 647 (Mo.banc).
