Judges: JOHN C. DANFORTH, Attorney General
Filed Date: 8/16/1976
Status: Precedential
Modified Date: 7/5/2016
Honorable Jack E. Gant Missouri Senate, 16th District Rural Route 2, Box 891 Independence, Missouri 64056
Dear Senator Gant:
This letter is in response to your question asking:
"The question of law is: Whether or not a person who is convicted of driving while his operator's license has been suspended pursuant to Chapter 303 of Missouri Revised Statutes for failing to file a Safety Responsibility Report on an accident should be penalized by being assessed 12 points and having his license revoked under the penalty provision of Chapter 302, Missouri Revised Statutes, in particular section
302.302 or whether such a person should only be subject to the penalties expressly provided in Chapter 303 Missouri Revised Statutes which are on their face designed to apply to Chapter 303; or whether such a person is subject to the penalty of both Chapter 302 and Chapter 303."
In our Opinion No. 213 dated April 29, 1969 to Stubbs, this office held that a person who operates a motor vehicle when his driver's license is suspended under Chapter 303, RSMo, the Safety Responsibility Law, is in violation of Section
Both of these sections, however, fix only the penalty for the respective offenses. As indicated in that opinion, Section
That is, under subsection 1(5) of Section
In our view, it makes no difference whether the suspension of the license came about because of a conviction under Section
Very truly yours,
JOHN C. DANFORTH Attorney General
Enclosure: Op. No. 213, 4/29/69, Stubbs