This Weeks' Topic
Suspended License

Driving without a license is certainly a crime, though few would consider it an offense worthy of a felony conviction. But what if someone else dies as a result of an unlicensed driver’s actions behind the wheel?

Are unlicensed drivers in Missouri a significant problem?

A study by the Kansas City Star found that about 1/3 of all fatal accidents in Kansas City involved unlicensed drivers who were at fault for an accident.

Under Missouri law, is it illegal to operate a motor vehicle on any road or highway without license, including a license that has been suspended?

  • For a first time offender it is  a class A misdemeanor; the most severe misdemeanor.
  • 3 or more convictions, can result in a Class D felony which can carry of sentence of up to 4 years in prison?
  • Penalties can be up to a year in jail and a thousand dollar fine.

We have heard of cases where a drunk driver kills another driver and is charged with manslaughter.  What if someone has a record of driving without a license and he is involved in an accident that kills someone else, can charges be brought for felony murder?

  • In a case of 1st impression, Kevin S. Fisher is facing charges of felony murder in Jackson County.
  • In 2005, he caused an accident that killed the passenger of his vehicle.
  • The charges are based on a history of reckless driving convictions, a suspended license,  and the allegation that Fisher knew there was a good chance he could cause an accident if he drove.

In this case of first impression, what has the court said on the matter?

The appeals court stopped proceedings in Fisher's trial until it can be determined if the felony murder charge is appropriate.

What can people do to protect themselves?

  • Several unlicensed drivers are also uninsured drivers.

  • Everyone needs to review their auto policy and make sure that they have adequate uninsured and underinsured coverage.

 

Disclaimer
This information is general and may or may not apply to your situation. The information contained on this web site is not to be considered as legal advice. Since no two cases are identical, we recommend that you contact an attorney in your jurisdiction to discuss the specific facts of your case. Furthermore, since statutes and case law change so frequently and due to information provided by other sources, we make no warranty or guarantee concerning the accuracy of the content of this or any other web sites to which we link.


ABOUT AARON | AARON SACHS LAW FIRM | KODE NEWS ROOM | KSPR NEWS ROOM
ARCHIVED SEGMENTS
| TOPIC IDEAS | CONTACT US | HOME | BULLETIN
 
 
Copyright © 2001-2007 Aaron Sachs. All Rights Reserved
Web Site Design by Blue Onion