LICENSE SUSPENSION ATTORNEY IN KANSAS CITY, MISSOURI
Losing your driver’s license to a suspension—or worse, having it revoked—can be a major hurdle in a person’s life. Just getting to work to earn a living may require using public transportation, convincing a coworker to pick you up and take you home, or relying on a rideshare service. Family members or friends may be willing to help, but people will get tired of you depending on them after a few weeks or even a few days.
In Missouri, there may be ways to seek reinstatement of your license, even with restrictions such as using your vehicle only for work and medical appointments, or the installation of an ignition interlock device (IID).
Since 1984, I have been working to help citizens of Kansas City, Missouri, and throughout Jackson County—as well as Rock Port and Lexington, MO—pursue the restoration of their driving privileges. I can also help my clients avoid a suspension in the first place.
Contact me at Howard L. Lotven, P.C. if you or a loved one is facing a driver’s license suspension, or have already lost your privileges. I am also here to help if you face a revocation or denial of your driver’s license.
Suspension of Your License
Many factors can lead to having your driving privileges suspended in Missouri, and not all are dependent on your driving record and any traffic violations you may have accumulated. These reasons may include:
You have accumulated 8 points on your driving record through violations or infractions in 18 months.
You have received a legal judgment against you for a vehicular accident.
You have been arrested for alcohol-impaired driving or received a DWI (driving while intoxicated).
You refused to submit to an alcohol or drug test.
You failed to maintain insurance on your vehicle(s).
You failed to pay child support.
You failed to file an accident report.
Even just accumulating 8 points can lead to a 30-day suspension, 60 days if it is a second suspension, and 90 days for a third suspension.
Don’t Drive with a Suspended License: There Are Consequences
Driving with a suspended license is illegal. A first offense can result in a Class D misdemeanor with a fine of up to $500. A second or third offense is a Class A misdemeanor that can land you in county jail for up to a year, along with a fine of up to $2,000. A third offense is a Class E felony, punishable by up to four years in prison and a fine of up to $10,000.
Driving with a suspended license will also add 12 points to your driving record, which can lead to a revocation of your driving privileges for a year or more.
It’s vital to get in touch with an experienced criminal defense attorney at any stage of the process.
The Limited Driving Privileges Option
Fortunately, you may be able to petition for Limited Driving Privileges (LDP). Depending on the reason for your driving privilege suspension, you may have to show you have met certain criteria to obtain a form of driving privilege reinstatement.
For instance, if your license was suspended because of speeding tickets or because you lacked auto insurance, you must file a Form SR-22 with the Driver License Bureau. In fact, almost every application for reinstatement requires proof of insurance. If you refuse to take a drug or alcohol test, you must complete what is called the Substance Awareness Traffic Offender Program (SATOP).
If your suspension was due to administrative alcohol or zero-tolerance reasons (such as a DWI), then you may also have to install an ignition interlock device (IID) if your driving record shows more than one alcohol- or drug-related enforcement contact. You will have to blow into the IID to test your blood alcohol content (BAC) before starting the vehicle, and again while operating it.
The IID must be maintained for a minimum period of six months from the reinstatement date. You will be monitored during the last three months of the six-month period. If you have any violations, as determined by the device manufacturer during the monitoring period, your requirement to maintain the device will be extended until you complete a three-consecutive-month period without violation.
Revocation of Your Driving Privileges
Having your driver’s license revoked is, to say the least, far more serious than a suspension. A revocation lasts a minimum of a year. Your license can be revoked if you accumulate 12 points in a span of 12 months, or 18 points in 24 months, or 24 points in 36 months. It can also be revoked after you receive two DWI convictions or fail to install an ignition interlock device if mandated.
How to Get Your Driving Privileges Back: Two Options
When your driver’s license is suspended, revoked, or denied, you will receive a letter in the mail listing the reason, or reasons, for the action. You can also check the reasons by obtaining a copy of your driving record and searching under “Department Actions.”
Once you know the reason, or reasons, for the action taken against you, you can then check on the Missouri Department of Revenue website for reinstatement requirements for the violations that led to your suspension, revocation, or denial.
These requirements can include submitting proof of insurance, undergoing SATOP, installing an IID, paying back-due child support, or filing an overdue accident report, among other needed documentation or actions.
With the guidance of an attorney, you can also appeal your suspension, revocation or denial within 30 days of the action in the circuit court of the county where you live. If the court grants you Limited Driving Privileges, you will be issued a court order known as your “driving document” in popular parlance. This will detail how and when you are allowed to operate a vehicle.
The other way to appeal a suspension or any other action is by submitting an Application for Limited Driving Privilege (Form 4595) to the Missouri Department of Revenue. Your application will generally be reviewed within five business days and a response mailed to you, granting or denying your request.
Either method, petitioning the court or filing with the Department of Revenue, can be challenging and should be done with the assistance and guidance of an attorney experienced in appealing driving suspensions, revocations, and denials.
License Suspension Attorney in Kansas City, Missouri
No one should have to experience the threat of a license suspension alone. If you’re in or around Kansas City, Missouri, reach out to me right away. We will need to move quickly and decisively in order to protect your rights. Contact me at Howard L. Lotven, P.C. if you’re anywhere in Northwestern Missouri, including not only Kansas City, but also Independence, Rock Point, and Lexington.