Missouri Laws 302.727 – Driving a commercial motor vehicle while revoked, crime of, penalty
1. A person commits the offense of driving a commercial motor vehicle while revoked if such person operates a commercial motor vehicle when, as a result of prior violations committed operating a commercial motor vehicle, the driver’s commercial driver license is revoked, suspended, or cancelled, or the driver is disqualified from operating a commercial motor vehicle.
2. Any person convicted of driving a commercial motor vehicle 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 a commercial motor vehicle while revoked or a county or municipal ordinance of driving a commercial motor vehicle while suspended or revoked where the judge in such case was an attorney and the defendant was represented by or waived the right to an attorney in writing, and where the prior three driving a commercial motor vehicle while revoked offenses occurred within ten years of the date of occurrence of the present offense and where the person received and served a sentence of ten days or more on such previous offenses; and any person with a prior alcohol-related enforcement contact as defined in section 302.525, convicted a third or subsequent time of driving a commercial motor vehicle while revoked or a county or municipal ordinance of driving a commercial motor vehicle while suspended or revoked where the judge in such case was an attorney and the defendant was represented by or waived the right to an attorney in writing, and where the prior two driving a commercial motor vehicle while revoked offenses occurred within ten years of the date of occurrence of the present offense and where the person received and served a sentence of ten days or more on such previous offenses is guilty of a class E 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 or she 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 a commercial motor vehicle while revoked is a class E felony on the second or subsequent conviction pursuant to section 577.010 or a fourth or subsequent conviction for any other offense.
Attorney's Note
Under the Missouri Laws, punishments for crimes depend on the classification. In the case of this section:Class | Prison | Fine |
---|---|---|
Class E felony | up to 4 years | up to $10,000 |
Class A misdemeanor | up to 1 year | up to $2,000 |
Terms Used In Missouri Laws 302.727
- Commercial motor vehicle: a motor vehicle designed or regularly used for carrying freight and merchandise, or more than fifteen passengers. See Missouri Laws 302.010
- Conviction: A judgement of guilt against a criminal defendant.
- Conviction: any final conviction. See Missouri Laws 302.010
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- License: a license issued by a state to a person which authorizes a person to operate a motor vehicle. See Missouri Laws 302.010
- Motor vehicle: any self-propelled vehicle not operated exclusively upon tracks except motorized bicycles, as defined in section 307. See Missouri Laws 302.010
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Vehicle: any mechanical device on wheels, designed primarily for use, or used on highways, except motorized bicycles, electric bicycles, vehicles propelled or drawn by horses or human power, or vehicles used exclusively on fixed rails or tracks, or cotton trailers or motorized wheelchairs operated by handicapped persons. See Missouri Laws 302.010