Smith Montgomery & Associates, P.C.

Smith, Montgomery & Associates, P.C., comprised of lawyers and highly-trained staff and one of the leading law firms in Southwest Missouri, is a full service law firm with over 65 years of combined experience.

Your driver's license can be suspended or revoked if you have too many points on your driving record. The Missouri Department of Revenue adds points to your record when it receives notice that you have been convicted of a moving violation. In some cases, paying a moving violation ticket does not keep points off your record. The Department of Revenue will take the following action based on the number of points accumulated on your record:

Missouri drivers can havge their license suspended by: accumulating too many points on their driving record; drinking under the age of 21; fuel theft; involvement in a motor vehicle accident; refusal to take a drug or alcohol test when requested by a police; and failure to maintain appropriate auto insurance.

You may appeal the Department of Revenue's decision to suspend your driver's license by appearing in the circuit court of the county where you live within 30 days of the date of the notice of your suspension or revocation.

When your driving privilege is reinstated, the Department of Revenue reduces your total points to 4. Every year you drive without getting new points on your record, the points will be reduced:

1 year - total remaining points reduced by one-third;
2 years - remaining points reduced by one-half; and
3 years - points reduced to zero.

Although your points may be reduced to zero, certain types of convictions be listed on your driver record permanently.

The procedure for getting your license reinstated depends upon the offense for which you lost your driving privileges. For example, a driver who has a suspended license as the result of too many traffic tickets must file an SR-22 insurance form and pay a $20 reinstatement fee. However, a driver who has a suspended license as the result of a refusal to take an alcohol test must file an SR-22 insurance form, pay a total of $65 in reinstatement fees, and complete a Substance Abuse Traffic Offenders' Program (SATOP).

If your driver's license was revoked or it has been expired for more than six (6) months, you must complete the written exam and driving skills test. All applicants must complete the vision screening and road sign recognition tests.

If you have served at least 30 days of your license suspension, you may request a restricted driving permit that allows you to drive to work, school, medical appointments, and other essential daily activities. No specific application is necessary; the motor vehicle office can issue a restricted driving permit after you have filed your SR-22 insurance form. However, minors who have been suspended for a blood alcohol content of 0.02% or more do not need an SR-22 to receive this permit. The restricted driving permit is valid for 60 days.

If you are not eligible to receive a new driver's license and need to drive for a period of more than 60 days, you may apply for a Missouri limited driving privilege (LDP) permit during your suspension. To request this permit, complete the LDP application. All applications are processed within five business days.

According to Missouri law, a driver may receive only one LDP during a five-year period. An LDP allows you to drive to work, school, medical appointments, or other essential daily activities. However, an LDP does not authorize you to drive a commercial motor vehicle. If you have lost your commercial driver's license, you may only receive noncommercial driving privileges.

There are a number of reasons why a driver could be denied an LDP. For example, a felony conviction involving the use of a motor vehicle will automatically disqualify your application. Drivers who have been convicted of leaving the scene of an accident, had two or more revocations for refusing drug and alcohol testing, neglected to pay traffic tickets, or had a license revoked for failure to pass a required driving or medical exam are also ineligible.

If you are classified as a persistent offender as the result of past DWI convictions, you will not be able to receive an LDP without having an ignition interlock device installed on your vehicle. In this case, you will need to take your LDP application to the circuit court in the county in which you live or work.

Make an appointment for a free first visit to discuss your case and find out how our an experienced member of our Criminal Defense Team can make a difference in your case. At that visit, we will give you a reasonable price for your defense and put it in writing. You will know exactly what it will cost and exactly what services will be included. There will be no extra fees or hidden costs. When you decide to hire us, we can set you up on a payment plan, and we also accept VISA, MASTERCARD, AMERICAN EXPRESS and DISCOVER for your convenience. You can be assured you will have a trained, experienced Criminal Defense Team who is willing to listen to you and then fight for your protection.