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Temporary driving permit

In Missouri, Mo. Rev. Stat. § 302.530 directs the department, when a hearing is requested, to issue a temporary permit valid until the scheduled date for the hearing, if the record shows the person holds a valid driver's license issued by Missouri that has been surrendered. Statutes in Arkansas (A.C.A. § 5-65-402), Nebraska (Neb. Rev. Stat. § 60-498.01) and New Mexico (N.M. Stat. Ann. § 66-8-112) describe their own temporary documents.

In Arkansas, Missouri, Nebraska and New Mexico, the statutes cited below each name a temporary document: a dated receipt and a temporary permit in Arkansas (A.C.A. § 5-65-402), a temporary permit in Missouri (Mo. Rev. Stat. § 302.530), a temporary operator's license in Nebraska (Neb. Rev. Stat. § 60-498.01) and a temporary license in New Mexico (N.M. Stat. Ann. § 66-8-112). This page describes the statutes of the named states.

Arkansas: the dated receipt and the temporary permit

In Arkansas, A.C.A. § 5-65-402 provides that if the license, permit, or other evidence of driving privilege seized by the arresting law enforcement officer has not expired and otherwise appears valid to that officer, the officer shall issue a dated receipt on a form prescribed by the Office of Driver Services. The statute provides that this receipt shall be recognized as a license for a period not to exceed a limit the statute sets.

In Arkansas, A.C.A. § 5-65-402 also provides that if the Office of Driver Services is unable to conduct a hearing within the period the statute sets, a temporary permit shall be issued and is valid until the date of the hearing.

Missouri: temporary permit

In Missouri, Mo. Rev. Stat. § 302.530 provides that, at the time a hearing request is made, if it appears from the record that the person is the holder of a valid driver's license issued by Missouri and that the driver's license has been surrendered, the department shall issue a temporary permit valid until the scheduled date for the hearing. The statute provides that the department may later issue an additional temporary permit or permits in order to stay the effective date of the suspension or revocation until the final order is issued following the hearing.

Nebraska: the temporary operator's license

In Nebraska, Neb. Rev. Stat. § 60-498.01 provides that when the arresting peace officer serves the notice of revocation, and the person has an operator's license, the officer shall take possession of the license and issue a temporary operator's license valid for a period the statute sets.

In Nebraska, Neb. Rev. Stat. § 60-498.01 also describes a mailed-notice branch, which applies when chemical test results indicating alcohol in a concentration the statute specifies were not available to the officer while the person was in custody and the officer did not serve the notice of revocation. In that branch, if the director's records indicate the person possesses an operator's license, the director shall include a temporary operator's license with the notice of revocation.

New Mexico: the temporary license and continuances

In New Mexico, N.M. Stat. Ann. § 66-8-112 provides that the administrative hearings office may postpone or continue a hearing on its own motion, or upon application from the person and for good cause shown, for a period not to exceed a limit measured from the date of notice of revocation. The statute provides that, upon a continuance, the department shall extend the validity of the temporary license for the period of the postponement or continuation.

The figures for your state

Deadlines, limits and penalty ranges are set by each state’s statutes, so this page does not state them. Each state page shows them with the official source and the date they were verified — or says plainly that a figure has not been confirmed yet.

Common questions

Does a hearing request in Arkansas stay the suspension or revocation?

In Arkansas, A.C.A. § 5-65-402 provides that a written hearing request, received by the Office of Driver Services within the period the statute sets after notice is given, does not operate to stay the revocation, suspension, disqualification, or denial until the disposition of the hearing. Arkansas's statute adds that if the Office of Driver Services is unable to conduct a hearing within the statute's hearing period, a temporary permit shall be issued and is valid until the date of the hearing.

What does Nebraska's statute say about returning the license with a hearing petition?

In Nebraska, Neb. Rev. Stat. § 60-498.01 provides that a person served a notice of revocation by mail under the mailed-notice branch who desires a hearing shall return his or her operator's license with the petition requesting the hearing. If the operator's license is not included with the petition, the director shall deny the petition.

Sources

These sources are cited for the jurisdiction and scope identified on this page. They do not establish the law of another state.

Related

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