304.070. Violation of section 304.050, penalty.

MISSOURI STATUTES AND CODES

304.070. Violation of section 304.050, penalty.

Violation of section 304.050, penalty.

304.070. 1. Any person who violates any of the provisions ofsubsections 1, 3, and 6 of section 304.050 is guilty of a class Amisdemeanor. In addition, beginning July 1, 2005, the court may suspendthe driver's license of any person who violates the provision of subsection1 of section 304.050. If ordered by the court, the director shall suspendthe driver's license for ninety days for a first offense of subsection 1 ofsection 304.050, and one hundred twenty days for a second or subsequentoffense of subsection 1 of section 304.050. Any person who violatessubsection 1 of section 304.050 where such violation results in the injuryof any child shall be guilty of a class D felony. Any person who violatessubsection 1 of section 304.050 where such violation causes the death ofany child shall be guilty of a class C felony.

2. Any appeal of a suspension imposed under subsection 1 of thissection shall be a direct appeal of the court order and subject to reviewby the presiding judge of the circuit court or another judge within thecircuit other than the judge who issued the original order to suspend thedriver's license. The director of revenue's entry of the court-orderedsuspension on the driving record is not a decision subject to reviewpursuant to section 302.311, RSMo. Any suspension of the driver's licenseordered by the court under this section shall be in addition to any othersuspension that may occur as a result of the conviction pursuant to otherprovisions of law.