Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 30 - Office of the Director › Chapter 2 - Driving While Intoxicated Records › Section 11 CSR 30-2.010 - Collection

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This establishes the rule relating to the
				  collection of information for the driving while intoxicated offender system
				  mandated by sections
				  302.225
				  and 577.001-577.051, RSMo.
(1) Records required to be filed with the
				Missouri State Highway Patrol shall be filed upon forms and according to
				procedures promulgated by the director of the Department of Public Safety and
				approved by the Missouri Supreme Court. The records shall be forwarded to the
				Missouri State Highway Patrol, General Headquarters, P.O. Box 1408, Jefferson
				City, MO 65102.
(2) The record
				forwarded by the clerk to the Missouri State Highway Patrol involving any
				moving traffic violation conviction under the laws of this state, or county or
				municipal ordinance shall include, but not be limited to, the court date, the
				court, the court originating agency identifier (ORI) number, court case number,
				the name, address, race, sex and motor vehicle operator's or chauffeur's
				license number of the person who is the subject of the proceeding, the code or
				number identifying the particular arrest, the case disposition and any court
				action or requirements pertaining to and including, but not limited to, pleas
				of guilty, findings of guilty, suspended imposition of sentences, suspended
				execution of sentence, probation, conditional sentences and sentences of
				confinement. The record forwarded by the clerk involving a violation of state
				law, or county or municipal ordinance regulating alcohol- and/or drug-related
				driving offenses shall include, in addition to the previously mentioned, the
				statute or ordinance number of the charge and the appropriate state charge code
				for the offense.
(3) The record(s)
				involving a violation of state law or county or municipal ordinance governing
				alcohol- and/or drug-related driving offenses shall indicate if the case is
				being appealed. In the event the case is being appealed, the trial court, upon
				final adjudication of the case being appealed, within fifteen (15) days
				thereafter, shall forward a record of the disposition to the Missouri State
				Highway Patrol, General Headquarters, P.O. Box 1408, Jefferson City, MO 65102,
				for inclusion in the Missouri Uniform Law Enforcement System records. The
				record shall be clearly identified as in section (2) under the collection
				section.
(4) Final disposition
				records for misdemeanor traffic violations will be recorded on the reverse side
				of the original copy of either the uniform traffic ticket or the uniform
				complaint and summons identified as the abstract of court record (Appendix A)
				or an approved record of conviction form (Appendix E). Final disposition
				records for felony traffic violations shall be recorded upon an approved record
				of conviction form. Unless otherwise specified, an approved record of
				conviction form shall be substantially the same as set forth and shown in these
				regulations, and the form shall be used as applicable and disposition
				information shall be reported in accordance with the requirements for the form
				as established by the Supreme Court Rule Number 37.461. The Missouri State
				Highway Patrol, in order to maintain file integrity, may return to the
				originating court any disposition submitted upon the wrong form or which does
				not contain sufficient data or which is not sufficiently legible to allow entry
				of a complete record of conviction into the Missouri Uniform Law Enforcement
				System records. The corrected record of conviction shall be returned to the
				Highway Patrol within fifteen (15) days of receipt by the court.
(5) An approved record of conviction form, at
				the discretion of the director of the Department of Public Safety, may be
				either a manual reporting form or an automated reporting method or form.
				Records of conviction generated by the courts in paper format will be forwarded
				to the Missouri State Highway Patrol. Those records reported in an electronic
				format will be submitted to the Department of Revenue. Once processed, the
				Department of Revenue will forward records of conviction reported
				electronically to the Missouri State Highway Patrol. When reporting records of
				conviction for traffic offenses in an electronic format, the name of the court
				clerk is not required. Instead, courts shall use their originating agency
				identifier (ORI) number. The format of the record of conviction form, either
				paper or electronic shall be substantially the same as set forth and shown in
				these regulations and the form shall be used as applicable and disposition
				information shall be reported in accordance with the requirements of the form.
				The Department of Revenue, in order to maintain file integrity, may return to
				the originating court any record that is not submitted in the correct format,
				reported erroneously, or which does not contain sufficient data.
(6) The dispositions forwarded by the clerk
				involving a violation of state law, or county or municipal ordinance relating
				to offenses involving alcohol- and/or drug-related driving violations shall
				state if the defendant was represented by counsel, or if not represented by
				counsel, whether or not s/he waived his/her right to counsel.
(7) All agencies in the state of Missouri
				authorized by law to enforce the provisions of Chapters 302 and 577, RSMo or
				any other law of this state, or county or municipal ordinance regulating the
				operation of motor vehicles, shall use only those uniform traffic tickets or
				uniform complaint and summonses currently approved for use by the Missouri
				Supreme Court.
(8) Any uniform
				traffic ticket or complaint and summons submitted to the court shall clearly
				show the police department name and originating agency identifier (ORI) number
				in the upper left-hand corner and the unique traffic ticket number in the upper
				right-hand corner on the front side of each page.
(9) The Missouri State Highway Patrol shall
				serve as the central repository for the assignment of a unique number to every
				traffic ticket and complaint and summons issued for use in the state of
				Missouri by any court, law enforcement agency or other issuing authority. Every
				court, law enforcement agency or other issuing authority desirous of ordering
				uniform traffic tickets, prior to submission of each order of traffic tickets
				or complaint and summonses to a supplier or vendor, must contact the Missouri
				State Highway Patrol, General Headquarters, PO Box 1408, Jefferson City, MO
				65102, (573) 751-3313, extension 185 or 189, in order that a set of unique
				numbers can be assigned to each set to be ordered.
*Original authority: 302.225, RSMo 1939, amended 1951,
					 1961, 1978, 1982, 1989, 1997; 577.001-577.051, RSMo. Please see Missouri
					 Revised Statutes 2000.