SB722 - Zero Alcohol Tolerance for Minors
| SB 0722
| Zero Alcohol Tolerance for Minors
|
| Sponsor: | MOSELEY |
| LR Number: | S2380.12T | Fiscal Note: | 2380-11 |
| Committee: | Civil and Criminal Jurisprudence |
| Last Action: | 07/02/96 - Signed by Governor |
| Title: | CCS/HS/HCS/SS/SCS/SB 722 |
| Effective Date: | August 28, 1996 |
Full Bill Text |
All Actions | Senate Home Page | List of 1996 Senate Bills
Current Bill Summary
CCS/HCS/SS/SCS/SB 722 - This act provides procedures for
suspending and revoking the drivers' licenses of minors who are
stopped for driving with two-hundredths of one percent or more
blood alcohol content, commonly known as "zero tolerance." This
act also expands the requirement that drivers, who have had their
licenses suspended or revoked, successfully complete a Substance
Abuse Traffic Offender Program prior to having their licenses
reinstated if such drivers have been assessed alcohol-related
point violations or are convicted of alcohol-related driving
offenses.
DRUNK DRIVING - First time offenses for driving while
intoxicated (DWI) shall be reported to the Highway Patrol like
all other offenses. Every applicant for a driver's license under
the age of 21 shall be given DWI educational materials. The
number of points assessed by the Director of the Department of
Revenue for excessive blood alcohol convictions is increased from
6 to 8. 12 points are assessed for a second or subsequent
conviction of various alcohol-related offenses, however combined.
ZERO TOLERANCE FOR MINORS - Any person under age 21 who
drives with .02% blood alcohol content or greater shall have his
driver's license suspended or revoked. A $25 reinstatement fee
is required to regain the license. A first offender of the zero
tolerance provisions need not file proof of financial
responsibility to regain driving privileges. A revocation record
with the Department of Revenue shall be expunged if the driver is
not convicted of any intoxication-related driving offenses before
the driver attains twenty-one years of age.
SUBSTANCE ABUSE TRAFFIC OFFENDER PROGRAM - Certain drivers
who have had their licenses suspended or revoked as a result of
intoxication related offenses must successfully complete a
Substance Abuse Traffic Offender Program as defined in Sections
302.010 and 577.001, RSMo. The Department of Revenue or the
court may waive the program for good cause shown. A person
assigned to such program shall be notified that such person has
the right to review of the assignment by the associate division
of the circuit court. A person participating in such a program
must pay for the cost of the program and a $60 fee which shall be
deposited in the Mental Health Earnings Fund. This fund is used
to develop alcohol-related traffic offender programs and to
provide services for those who cannot afford to pay the cost of
such programs.
CIVIL PROCEDURE - A person who has received notice of denial
of a request for limited driving privileges from the Department
of Revenue may request review of such determination in the
Circuit Court of the county where the person resides or is
employed within thirty days after such notice is mailed.
If an arrest resulting in points occurs before a person is
issued a limited driving privilege, such arrest shall not
terminate the limited driving privilege.
The Department of Revenue shall pay court costs on appeal
from the circuit court if the ruling to suspend the person's
license is reversed on appeal.
JUDGES - This act changes the mandatory retirement age of
municipal judges from 70 to 75. This provision is identical to
SB 596.
CHEMICAL TESTS - This act removes the June 30, 1996
termination date on the authority of any member of the state
highway patrol to administer a chemical test to any person
suspected of driving while intoxicated or driving with excessive
blood alcohol content.
ARREST WITHOUT A WARRANT - Current law provides that an
arrest for driving while intoxicated or driving with excessive
blood alcohol content is lawful without a warrant if made within
90 minutes of the occurrence of the claimed violation. This act
makes an exception in the case where a person has left the scene
of the accident or has been removed from the scene for medical
treatment.
This act is identical to CCS/SCS/HS/HCS/HB's 1169 and 1271.
JAMES KLAHR