Missouri uses a “Point” system to determine whether to suspend or revoke the driving privileges of Missouri residents.  The “Point” system is set out in Section §302.302, RSMo.  Accumulation of “Points” can result in either suspension or revocation of driving privileges.  Suspensions and Revocations are not the same, and each has different consequences.

If you are convicted of a “Points” driving offense, then “Points” are added to your driving privileges.  The number of Points received for a conviction depends on the offense resulting in the conviction.  By way of example, a conviction for speeding in violation of a municipal ordinance will result in 2 Points being added to your license, while a conviction for the same violation under state law may result in 3 Points being added to your license.

If you accumulate a total of four Points in a 12 month period, the Department of Revenue will send you a “Point Accumulation” advisory letter.

If you accumulate a total of eight or more Points in an 18 month period, the Department of Revenue will suspend your driving privilege as follows:

• 1st suspension                                       30 days
• 2nd suspension                                     60 days
• 3rd or more suspensions                      90 days

In addition, the Department of Revenue will revoke your driving privilege for one year if you accumulate:

• 12 or more points in 12 months; or
• 18 or more points in 24 months; or
• 24 or more points in 36 months

When your driving privilege is reinstated following either a Point Suspension or Revocation, the Department of Revenue reduces your Point total to 4.

For each year you drive without accumulating new Points on your driving record, the Point total will be reduced under Section 302.306, RSMo. as follows:

• 1st year          total remaining Points reduced by one‑third
• 2nd year        total remaining Points reduced by one‑half
• 3rd year          total Points reduced to zero

Although your Points may be reduced to zero, certain types of convictions must remain listed permanently on your Missouri driver record.

The Missouri Department of Revenue adds points to your driving record when it receives notice that you were convicted of a “Moving” violation (as opposed to an equipment violation for example.  A "Moving” violation, is defined by §302.010, RSMo as the type of traffic violation where, at the time of violation, the motor vehicle involved is in motion.  A “Moving” violation does not include driving a motor vehicle without a valid motor vehicle registration, or violations of §304.170 to §304.240 RSMo, inclusive, relating to sizes and weights of vehicles.

Different offenses may carry different “Point” levels depending on whether the conviction is based on Missouri law, a county ordinance, or a municipal ordinance violation.  Rather than trying to list all the different variations here, the Missouri Department of Revenue publishes a comprehensive complete listing of “Points” violations here.

Keep in mind that there is a separate administrative suspension or revocation that occurs if you are arrested for DWI or Excessive Blood Alcohol Content.  That process is set out in greater detail in a different article and will not be repeated here.  The short version is that if you are eventually convicted of a DWI or an Excessive BAC for the first time, you will be assessed eight Points, and your license will be suspended for 90 days -- during which driving is not permitted for the first 30 days, but during the remaining 60 days a restricted permit will be granted if the Department of Revenue receives proof of an SR‑22 insurance filing.

To reinstate your driving privilege for a Point Suspension or Revocation you must provide the following:

• Non‑alcohol Related: Proof of insurance (SR‑22) and $20 reinstatement fee.
• Alcohol Related: Proof of insurance (SR‑22), $45 reinstatement fee and completion of Substance Abuse Traffic Offenders Program (SATOP).

An SR-22 is a certificate proving you have purchased insurance coverage in compliance with Missouri insurance requirements for vehicles.  The subject of Missouri insurance requirements for vehicles is addressed in detail in a different article.

An experienced Rolla Missouri traffic law attorney may be able keep Points from being assessed against your license. Simply paying a fine and pleading guilty to a moving violation will always result in Points being assessed against your license, which can have unintended consequences.

By: Lance B. Thurman

DID YOU KNOW?  is presented by Williams, Robinson, Rigler & Buschjost, PC as a public information service only.  None of the information contained herein is intended to be taken as legal advice.  Each matter depends on unique facts which attorneys must consider in forming an opinion, and may depend on laws unique to a particular jurisdiction.  No two cases are the same.  If you want to know more about this subject, contact Williams, Robinson, Rigler & Buschjost, PC, or the attorney of your choice, and seek a formal opinion about your particular case.

Williams, Robinson, Rigler & Buschjost, PC provides legal services in South-Central Missouri, serving Maries County (including Belle, Vienna & Vichy), Crawford County (including Cuba, Steelville, Bourbon), Dent County (including Salem, Lecoma, Bunker), Phelps County (including Rolla, St. James, Newburg, Doolittle, Edgar Springs), Texas County (including Licking, Houston, Raymondville, Summersville, Cabool), Pulaski County (Waynesville, St. Robert, Richland, Dixon, Crocker) and may provide legal service in other locations on request.