APPENDIX B. TEXT OF MISSOURI AND PENNSYLVANIA LAWS
Abuse and Lose, Missouri Revised Statutes Section 577.500. Suspension or revocation of driving privileges, persons under twenty- one years of age - violation of certain laws - surrender of licenses - court to forward to director of revenue - period of suspension.
1. A court of competent jurisdiction shall, upon a plea of guilty, conviction or finding of guilt, or, if the court is a juvenile court, upon a finding of fact that the offense was committed by a juvenile, enter an order suspending or revoking the driving privileges of any person determined to have committed one of the following offenses and who, at the time said offense was committed, was under twenty-one years of age:
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(1) Any alcohol related traffic offense in violation of state law or a county or, beginning July1, 1992, municipal ordinance, where the judge in such case was an attorney and the defendant was represented by or waived the right to an attorney in writing;
(2) Any offense in violation of state law or, beginning July 1, 1992, a county or municipal ordinance, where the judge in such case was an attorney and the defendant was represented by or waived the right to an attorney in writing, involving the possession or use of alcohol, committed while operating a motor vehicle;
(3) Any offense involving the possession or use of a controlled substance as defined in chapter 195, RSMo, in violation of the state law, or beginning July1, 1992, a county or municipal ordinance, where the judge in such case was an attorney and the defendant was represented by or waived the right to attorney in writing;
(4) Any offense involving the alternation, modification or misrepresentation of a license to operate a motor vehicle in violation of section 311.328, RSMo;
(5) Any offense in violation of state law or, beginning July 1, 1992, a county or municipal ordinance, where the judge in such case was an attorney and the defendant was represented by or waived the right to an attorney in writing, involving the possession or use of alcohol for a second time; except that a determination of guilt or its equivalent shall have been made for the first offense and both offenses shall have been committed by the person when the person was under eighteen years of age.
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2. The court shall require the surrender to it of any license to operate a motor vehicle then held by any person against whom a court has entered an order suspending or revoking driving privileges under subsection 1 of this section.
3. The court, if other than a juvenile court, shall forward to the director of revenue the order of suspension or revocation of driving privileges and any licenses acquired under subsection 2 of this section.
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(1) The court, if a juvenile court, shall forward to the director of revenue the order of suspension or revocation of driving privileges and any licenses acquired under section 2 of this section for any person sixteen years of age or older, the provisions of chapter 211, RSMo, to the contrary notwithstanding.
(2) The court, if a juvenile court, shall hold the order of suspension or revocation of driving privileges for any person less than sixteen years of age until thirty days before the person's sixteenth birthday, at which time the juvenile court shall forward to the director of revenue the order of suspension or revocation of driving privileges, the provision of chapter 211, RSMo, to the contrary notwithstanding.
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5. The period of suspension for a first offense under this section shall be ninety days. Any second or subsequent offense under this section shall result in revocation of the offender's driving privileges for one year.
Pennsylvania Crimes Code-Title 18, Section 6310.4 Restriction of Operating Privilege
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General rule - Whenever a person is convicted or is adjudicated delinquent or is admitted to any preadjudication program for violation of section 6307 (relating to misrepresentation of age to secure liquor or malt or brewed beverages), 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages) or 6310.3 (relating to carrying a false identification card) the court, including a court not of record if it is exercising jurisdiction pursuant to 42 PA.C.S section 1515(a) (relating to jurisdiction and venue) shall order the operating privilege of the person suspended. A copy of the order shall be transmitted to the Department of Transportation.
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| (B) |
Duration of suspension - When the department suspends the operating privilege of a person under subsection (a), the duration of the suspension shall be as follows:
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(1) For a first offense, a period of 90 days from the date of suspension.
(2) For a second offense, a period of one year from the date of suspension.
(3) For a third offense, and any offense thereafter, a period of two years from the date of suspension. Any multiple sentences imposed shall be served consecutively.
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Reinstatement of operating privilege shall be governed by 75 Pa.C.S. section 1545 (relating to restoration of operating privilege).
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Nondrivers - Any person whose record is received by the department under subsection (a) and who does not have a driver's license shall be ineligible to apply for a learner's permit under 75 Pa.C.S. sections 1505 (relating to learners' permits) and 1507 (relating to application for driver's license or learner's permit by minor) for the time periods specified in subsection (b). If the person is under 16 years of age when he is convicted or adjudicated delinquent or admitted to a preadjudication program, his suspension of operating privileges shall commence upon his 16th birthday for the time periods specified in subsection (b).
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