April 26, 2019
Driver License Restoration
Just as a driver license (DL) is easy to obtain and maintain it is also easy to lose. Some drivers have their DL temporarily suspended. Others suffer a revocation of their DL for a year and must retake the drivers examination after the revocation period has ended. Some lose their DL for five (5) or ten (10) years. In this blog and others to follow I will discuss the differences between a suspension and a revocation of your driving privilege, reinstatement of your driving privilege and limited driving privilege.
Point Suspensions Not Alcohol Related
A suspension can be just a temporary disruption of your driving privilege. If you accumulate eight (8) points or more on your DL within an 18 month period you can be suspended. If you fail to appear in court on a traffic matter, your DL can be suspended. You could also have a warrant out for your arrest. If you are at fault in a traffice accident and do not have insurance you can be suspended. How long is my license suspended? If it is for points and it is your first such suspension, 30 days. A second point suspension is 60 days. A third is, you guessed it, 90 days. If the suspension is for a failure to appear in court, also called a FACT suspension, your license will be suspended until the matter is disposed of in the court that suspended you. If the suspension if for being at fault in an accident and you are not insured the suspension can be considerable.
The Missouri Department of Revenue (DOR), the department that handles your driving privilege, does NOT have to issue a letter informing you that you are suspended on a FACT matter. You can learn the hard way when you are stopped for speeding or some other traffic violation. Now, along with the new ticket for speeding you get a ticket for driving while suspended, too.
If it is a point violation, the letter from DOR announcing this joyous news (to them) that you are suspended will also contain the information on how to get reinstated. Usually, it is paying a reinstatement fee and maintaining insurance. Note! Do not plead guilty to driving while suspended. It is a twelve point offense revoking your driving privilege for one year.
Be aware that DOR only has the last address on your DL. They will not hunt you down to make sure you get their letters. If you move, it is wise to let DOR know where you are.
A revocation of your license for points accumulated is a suspension of your driving privilege for one (1) year or more. Unlike being reinstated after a suspension, you must retake the entire driving examination…like when you were 16 years old!
Another way to get your license suspended is to be without insurance and get involved in an accident where you are at fault. You will have to pay the full amount of the damages or enter into a payment. You will remain suspended until the damages are paid or you enter into a payment plan and not default on a payment. Of course, you pay the reinstatement fee and must maintain insurance.
In my next blog we will discuss alcohol related suspensions and revocations.
Miller & Terry Attorneys at Law are experienced criminal defense lawyers with experience in Driver License Restoration cases in Missouri and Kansas. We will help protect you and your constitutional rights. Contact us today on this website or at 816-524.8718 for a free consultation.