Driving while license or driving privilege is canceled, suspended or revoked, penalty — enhanced penalty for repeat offenders — imprisonment, mandatory, exception
Effective Aug 28, 1999(RSMo 1939 § 8465, A.L. 1951 p. 678 § 302.320, A.L. 1961 p. 493, A.L. 1972 S.B. 651, A.L. 1983 S.B. 318 & 135, A.L. 1984 H.B. 1575 Revision, A.L. 1989 1st Ex. Sess. H.B. 3, A.L. 1995 H.B. 717, A.L. 1999 S.B. 19)
- 1. A person commits the crime of driving while revoked if he operates a motor vehicle on a highway when his license or driving privilege has been canceled, suspended or revoked under the laws of this state and acts with criminal negligence with respect to knowledge of the fact that his driving privilege has been canceled, suspended or revoked.
- 2. Any person convicted of driving while revoked is guilty of a class A misdemeanor. Any person with no prior alcohol-related enforcement contacts as defined in section 302.525, convicted a fourth or subsequent time of driving while revoked and any person with a prior alcohol-related enforcement contact as defined in section 302.525, convicted a third or subsequent time of driving while revoked is guilty of a class D felony. No court shall suspend the imposition of sentence as to such a person nor sentence such person to pay a fine in lieu of a term of imprisonment, nor shall such person be eligible for parole or probation until he has served a minimum of forty-eight consecutive hours of imprisonment, unless as a condition of such parole or probation, such person performs at least ten days involving at least forty hours of community service under the supervision of the court in those jurisdictions which have a recognized program for community service. Driving while revoked is a class D felony on the second or subsequent conviction pursuant to section 577.010, RSMo, or a fourth or subsequent conviction for any other offense.
(RSMo 1939 § 8465, A.L. 1951 p. 678 § 302.320, A.L. 1961 p. 493, A.L. 1972 S.B. 651, A.L. 1983 S.B. 318 & 135, A.L. 1984 H.B. 1575 Revision, A.L. 1989 1st Ex. Sess. H.B. 3, A.L. 1995 H.B. 717, A.L. 1999 S.B. 19)
(1968) Information charging defendant with driving while “his license privilege” was under revocation was not defective because it failed to refer specifically to “driver's license” or because it did not state under which statute it had been revoked. State v. Cipolla (A.), 435 S.W.2d 52.
(1975) Definition of “motor vehicle” in chapter 301 is not relevant or controlling in prosecution under this section. Vehicle that was part foreign car, part motorcycle and part homemade and had no hitch and a gear ratio not compatible with use as a tractor would not fall under this exemption. State v. Gardner (A.), 518 S.W.2d 670.
(1987) Knowledge of the revocation is an element of an offense under this section. State v. Horst, 729 S.W.2d 30 (Mo. App.).