11 CSR 30-2.010 - Collection
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.
Notes
*Original authority: 302.225, RSMo 1939, amended 1951, 1961, 1978, 1982, 1989, 1997; 577.001-577.051, RSMo. Please see Missouri Revised Statutes 2000.
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