Penalties for Driving While Suspended
There are a variety of reasons why a person’s driver’s license could be suspended or revoked. The accumulation of too many points on his or her driving record, a failure to pay child support, a DWI conviction in Kansas City, or a refusal to submit to a breathalyzer test all can lead to a license suspension or revocation.
Under Missouri law, driving on a suspended or revoked license can result in harsh penalties. Under Mo. Rev. Stat. § 302.321, anyone who operates a motor vehicle when his or her license has been revoked or suspended under Missouri law or the laws of any other state, and acts with criminal negligence as to the fact that his or her license has been suspended or revoked, commits the offense of driving while license is cancelled, suspended, or revoked.
This offense can be a misdemeanor or a felony, depending on the circumstances. A first violation of this law is a Class D misdemeanor, which can result in a fine of up to $500. A second or third violation of this law can result in Class A misdemeanor charges, which can cause a jail sentence of up to one year and a fine of up to $2,000. This offense becomes a Class E felony under the following circumstances:
- A fourth or subsequent violation by an individual whose three previous violations occurred within ten years of the current offense and who has no prior alcohol-related enforcement contacts
- A third or subsequent violation by an individual whose two previous violations occurred within ten years of the current offense, who has a prior alcohol-related enforcement contact, and who served a sentence of ten days or more on the previous offenses
A Class E felony conviction for driving while revoked or suspended will result in a mandatory minimum 48-hour jail sentence or mandatory completion of 40 hours of community service over a period of at least ten days. The potential sentence of incarceration for a Class E felony conviction can be as much as four years. We will investigate the facts of your case, assess the situation, and determine whether you have a viable defense. No matter what your situation may be, the Missouri DWI & Criminal Law Center has the experience, skills and reputation that is essential to present your defense and win. For legal advice about your case, contact us today by phone at (816)-322-8008 or fill out the online information form located here.
If you have been drinking, use our "Blood Alcohol Content (BAC) Calculator"to estimate your Blood Alcohol Content (BAC) before you drive, but please keep in mind that the information it provides is just an estimate and may not be inaccurate.