The Law Office of Jack A. Lewis
LIMITED DRIVING PRIVILEGE (HARDSHIP LICENSE)
For most people, the loss of driving privileges make it difficult to function in society. When an individual can demonstrate that a total loss of driving privileges will result in a "hardship" (loss of employment, inability to attend school/institute of higher education, make a living, etc.), that individual may be able to get a Limited Driving Privilege (LDP). In Missouri, people who have lost their driving privileges can petition the Department of Revenue or the Court that suspended their license for an LDP. To obtain an LDP, the applicant must have served a portion of their suspension and meet other requirements as laid out by the Department of Revenue.http://dor.mo.gov/drivers/ldp.php#whatis
If you have lost your driving privileges, we may be able to help you get an LDP. Contact our office today to schedule an appointment and start the process of getting you driving privileges back.
DRIVING WHILE INTOXICATED (DWI)
Missouri DWI Law - RSMO 577.010
"A person commits the crime of driving while intoxicated if he operates a motor vehicle while in an intoxicated or drugged condition."
If you are over the age of 21, you cannot operate a motor vehicle if you blood alcohol concentration (BAC) is more than .08%. If you are under the age of 21, your BAC cannot exceed .02%. There are also additional penalties if your BAC .15% or higher. If you are arrested for a DWI, it is essential that you contact an attorney as soon as possible. Missouri is very tough on drivers who are given a DWI, and even a first conviction can have an effect on your life. If you are charged with a DWI, there is an administrative side and the court side.
Following your arrest, you must request an administrative hearing with the Department of Revenue within 15 days of issuance of the ticket or your license will be suspended. The administrative hearing is essentially a probable cause hearing. It takes place in front of an officer from the Department of Revenue, and provides an opportunity for your attorney to question the arresting officer. Requesting an administrative hearing allows you to keep your driving privileges until such privileges are suspended by the Department of Revenue or the Court.
In addition to your adminstrative hearing, you will have a court date that is assigned by the officer at the time of your arrest. The court date is generally after the administrative deadline. Both hearings are important, and could result in the suspension of your driving privileges. Because you could be facing jail time, and other consequences that could have a devastating impact on your life, it is important to have legal representation at both your administrative hearing and your criminal hearing. Our office has experience helping our clients defeat their charges for DWI, and we can represent you during all phases of your case. (administrative through trial, if necessary) Give us a call today to schedule an appointment.
Penalties for DWI in Missouri are as follows:
First Offense: Class B misdemeanor
- Jail: Up to a maximum of 6 months
- Fine: Up to $500.00
- Probation: Two years with conditions that vary by jurisdiction and circumstance. The court may order you to complete the SATOP program, obey all laws, and in some jurisdictions to perform community service hours, attend a MADD Victim Panel, and not possess or consume alcohol. You may also be subject to random testing for drugs and alcohol.
- Suspension of Driving Privileges: 30 day suspension of driving privileges followed by a 60 day restricted driving period. The court may also order the intallation of an ignition interlock device while on probation.
Second Offense: Class A misdemeanor
- Jail: Up to a maximum of 1 year
- Fine: Up to $1,000.00
- Probation: Two years with similar conditions as above except that probation will not be granted until you have served at least 48 hours in jail.
- Revocation of Driving Privileges: At least a 1 year revocation depending on the date of the prior occurrence and ignition interlock device.
Third and subsequent Offense: Felony
- Jail: Up to 5 years
- Fine: Up to $5,000.00
- Probation: At a minimum, a defendant will have to serve 10 days in jail, however months in jail are more likely to be demanded before being released on probation for 3 to 5 years.
- Revocation of Driving Privileges: 10 year revocation. A hardship license can only be applied for after 3 years with ignition interlock.
Getting a traffic ticket can result in points beings assessed against your license. Added points increase your insurance premiums, and in some cases can result in the loss of your driving privileges or other employment opportunities (Commerical Driver Positions). Moving violations (ex. Speeding tickets) can stay on your driving records for years, costing you stress and added expenses. If you have been pulled over, and issued a citation, our office can help you. Mr. Lewis has been trying traffic cases for over 30 years, and may be able to get your ticket "amended" (plea the ticket down to a non-moving violation) or in some cases take the matter to trial.
We handle all types of traffic matters including DOT tickets (For Commercial Drivers) throughout Clay, Jackson & Platte Counties in Missouri.
◦Avondale Municipal Court
◦Birmingham Municipal Court
◦Claycomo Municipal Court
◦Excelsior Springs Municipal Court
◦Gladstone Municipal Court
◦Glenaire Municipal Court
◦Holt Municipal Court
◦Kearney Municipal Court
◦Liberty Municipal Court
◦Mosby Municipal Court
◦N. Kansas City Municipal Court
◦Oakview Municipal Court
◦Pleasant Valley Municipal Court
◦Randolph Municipal Court
◦Smithville Municipal Court
FINE COLLECTION CENTER
◦Blue Springs Municipal Division
◦Buckner Municipal Division
◦Grain Valley Municipal Division
◦Grandview Municipal Division
◦Greenwood Municipal Division
◦Independence Municipal Division
◦Jackson County Municipal Division
◦Kansas City Municipal Division
◦Lake Lotawana Municipal Division
◦Lake Tapawingo Municipal Division
◦Lee's Summit Municipal Division
◦Levasy Municipal Division
◦Lone Jack Municipal Division
◦Oak Grove Municipal Division
◦Raytown Municipal Division
◦Sibley Municipal Division
◦Sugar Creek Municipal Division
◦Camden Point Municipal Division
◦Dearborn Municipal Division
◦Edgerton Municipal Division
◦Ferrelview Municipal Division
◦Houston Lake Municipal Division
◦Lake Waukomis Municipal Division
◦Northmoor Municipal Division
◦Parkville Municipal Division
◦Platte City Municipal Division
◦Platte Woods Municipal Division
◦Riverside Municipal Division
◦Tracy Municipal Division
◦Weatherby Lake Municipal Division
◦Weston Municipal Division
WE ALSO HANDLE TICKETS IN CASS & RAY COUNTIES
CALL TODAY TO SCHEDULE AN APPOINTMENT