HB 1133 -- Traffic Offenses

Sponsor:  Lipke (157)

This bill makes changes to the laws regarding traffic offenses.

The bill replaces references to the offense of driving while
intoxicated with the broader term "intoxication-related offense"
in several provisions for the purpose of determining punishment
or the number of prior convictions.  Intoxication-related
offenses include driving while intoxicated, driving with
excessive blood alcohol content, involuntary manslaughter with a
vehicle while intoxicated, assault of a law enforcement officer
with a vehicle while intoxicated, and driving under the influence
of alcohol or drugs in violation of a county or municipal
ordinance.  The bill changes the community service requirements
for driving while intoxicated to 80 hours of community service,
rather than 30 days.  The bill also requires that this community
service be completed within a six-month period.  The community
service required for persons convicted as persistent offenders is
changed from 60 days to 160 hours and must be completed within
one year.

The bill allows law enforcement officials, after obtaining a
search warrant, to collect blood, saliva, or urine from a person
under the age of 21 who is arrested for an intoxication-related
driving offense, even though the person has refused the test.
The person will still face license revocation for refusing the
test.

The bill makes a technical change in how the offense of driving
while revoked becomes a felony.  Under current law, the offense
of driving while revoked is a class A misdemeanor; and a fourth
offense within a 10-year period is a class D felony.  If the
person has been convicted of an alcohol-related offense, then the
third offense of driving while revoked is a class D felony.  One
requirement for the offense being charged as a felony is that the
person served at least 10 days in jail for one of those offenses.
The bill removes that requirement.

The bill also makes a technical change for determining the prior
offenses in a driving while revoked or alcohol-related offense.
Currently, convictions in municipal courts for driving with a
revoked license or for alcohol-related offenses are not counted
as prior offenses unless the municipal judge is an attorney.  The
bill removes the requirement that the municipal judge be an
attorney in those cases.

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:14 am