State Codes and Statutes
Statutes > Missouri > T19 > C302 > 302_727Driving a commercial motor vehicle while revoked, crime of, penalty.
302.727. 1. A person commits the crime of driving a commercial motorvehicle while revoked if such person operates a commercial motor vehiclewhen, as a result of prior violations committed operating a commercialmotor vehicle, the driver's commercial driver license is revoked,suspended, or canceled, or the driver is disqualified from operating acommercial motor vehicle.
2. Any person convicted of driving a commercial motor vehicle whilerevoked is guilty of a class A misdemeanor. Any person with no prioralcohol-related enforcement contacts as defined in section 302.525,convicted a fourth or subsequent time of driving a commercial motor vehiclewhile revoked or a county or municipal ordinance of driving a commercialmotor vehicle while suspended or revoked where the judge in such case wasan attorney and the defendant was represented by or waived the right to anattorney in writing, and where the prior three driving a commercial motorvehicle while revoked offenses occurred within ten years of the date ofoccurrence of the present offense and where the person received and serveda sentence of ten days or more on such previous offenses; and any personwith a prior alcohol-related enforcement contact as defined in section302.525, convicted a third or subsequent time of driving a commercial motorvehicle while revoked or a county or municipal ordinance of driving acommercial motor vehicle while suspended or revoked where the judge in suchcase was an attorney and the defendant was represented by or waived theright to an attorney in writing, and where the prior two driving acommercial motor vehicle while revoked offenses occurred within ten yearsof 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 he or she has served a minimum of forty-eightconsecutive hours of imprisonment, unless as a condition of such parole orprobation, such person performs at least ten days involving at least fortyhours of community service under the supervision of the court in thosejurisdictions which have a recognized program for community service.Driving a commercial motor vehicle while revoked is a class D felony on thesecond or subsequent conviction pursuant to section 577.010, RSMo, or afourth or subsequent conviction for any other offense.
(L. 2004 S.B. 1233, et al.)Effective 9-30-05
