Mo. Code Regs. tit. 11 § 30-2.010

Current through Register Vol. 49, No. 23, December 2, 2024

Section 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.

11 CSR 30-2.010

AUTHORITY: sections 302.225 and 577.001-577.051, RSMo 2000.* Original rule filed Jan. 13, 1983, effective April 11, 1983. Amended: Filed Dec. 4, 1984, effective May 11, 1985. Amended: Filed Aug. 15, 1986, effective Jan. 29, 1987. Amended: Filed March 13, 2001, effective Aug. 30, 2001.

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