Section 28 Repeat Offenders

LibraryMissouri Criminal Practice Revision - Drug and Alcohol Offenses 2014

The Revised Code adds a new type of repeat offender of intoxication-related traffic offenses—the habitual offender. The definitions of the various types of repeat offenders have been moved from §577.023 for traffic offenses and §306.118 for boating offenses into §577.001, the definitions section for Chapter 577, RSMo. Section 577.001 outlines the five types of repeat offenders for intoxication-related traffic and boating offenses. See Table 4.2 for more detail about these types of repeat offenders.

Table 4.2

Types of Repeat Offenders

Prior offender

Has previously been found guilty of one intoxication-related traffic offense within five years of second charge

Prior boating offender

Has previously been found guilty of one intoxication-related boating offense within five years of second charge

Persistent offender

Has previously been found guilty of two or more intoxication-related traffic offenses committed on separate occasions

Persistent boating offender

Has previously been found guilty of two or more intoxication-related boating offenses committed on separate occasions

Aggravated offender

Has previously been found guilty of either:

· three or more intoxication-related traffic offenses on separate occasions; or

· two or more intoxication-related traffic offenses on separate occasions and in one of those...

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