Legal Question in DUI Law in Missouri

Missouri DUI / DWI: How do I get a Hardship LIcense after a MIssouri DWI?

Application for a limited driving privilege may be made either to the circuit court in the county of residence or employment OR to the Director of Revenue. For drivers who chose to go to the Director of Revenue, application forms are available at all local Department of Revenue offices as well as the main offices in Jefferson City. All denials by the Director may be appealed within 30 days of the denial notice to the Circuit Court in the county of residence or employment. The issue for the court on appeal is whether the Director of Revenue correctly denied the limited driving privilege in accordance with RSMo. Section 302.309.

The correct procedures must be followed to apply for limited driving privileges. If the driver applies for a limited driving privilege with the Director of Revenue, their instructions are: the applicant must submit a completed application form and have proof of insurance (SR-22) on file with DOR. The applicant is not required to submit a driving record since the information is already available to the DOR. It takes approximately seven working days for the Director to process the application and issue an order either granting or denying LDP. The orders are mailed to the applicant by ordinary mail.

If the driver applies for a limited driving privilege with the Court, the applicant names the Director as Defendant and states the reasons he or she is suspended/revoked and the reasons he or she has need for a hardship license. This petition must be served on the Director. An attorney from the Department of Revenue will file an answer that will point out any statutory reasons for ineligibility. If there are no statutory reasons to deny the granting of the hardship, the answer will simply state it is in the court's discretion. It is up to the applicant or his or her attorney to "move" the petition for setting of appearances. The only cases attorneys from DOR normally appear on are those to which an objection to the granting of a hardship is made.

All limited driving privileges are granted at the discretion of the Director of Revenue or the Court.

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J. Matthew Guilfoil, Missouri DUI / DWI / BAC Lawyer, Kenney, Shepherd & Guilfoil, L.L.C. Toll Free Number (866) DWI-MATT. EMAIL: [email protected]

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http://www.drunkdrivingdefense.com/missouri-dui-attorney-guilfoil/ (www.drunkdrivingdefense.com Missouri page)

http://www.dui-dwi.com/missouri-dui-attorney-guilfoil/

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