Missouri State Highway Patrol — A Missouri State Highway Patrol / MADD Collaboration
The Missouri State Highway Patrol Cares
The Missouri State Highway Patrol strives to provide service and protection to all individuals living in or traveling through Missouri. The Missouri State Highway Patrol is committed to providing information about victim rights and the laws protecting them. This Crime Victims' Rights booklet, a collaboration of the Missouri State Highway Patrol and Mothers Against Drunk Driving (MADD), is designed to do just that.
For additional assistance, contact our civilian victim advocate at 1-888-773-1800.
Who Is MADD?
Founded by a mother whose daughter was killed by a drunk driver, Mothers Against Drunk Driving (MADD) is the nation's largest nonprofit working to protect families from drunk driving and underage drinking. One of the largest victim services organizations in the United States, MADD supports drunk and drugged driving victims/survivors at no charge. Learn more at www.madd.org or by calling 1-877-ASK-MADD.
MADD's Mission Statement: The mission of Mothers Against Drunk Driving is to stop drunk driving, support the victims of this violent crime, and prevent underage drinking.
MADD's Victim Services: First there's the crash, then the lifelong impact. If you are coping with the trauma of an impaired driving crash, we offer victim assistance, grief support for injured and surviving victims, and legal advocacy. Call 1-877-MADD-HELP to speak with a victim advocate, day or night.
Crime Victims' Rights (595.200 RSMo)
As a victim, you have the right to be treated with fairness and with respect for your dignity and privacy. Upon written request to the prosecutor of the county in which the crime occurred, you have a right to:
• Attend all proceedings that the defendant has the right to attend, even if you are called to testify.
• Support from victim advocates in exercising your rights as a victim of crime.
• Assistance and cooperation from criminal justice agencies.
• Information, case status, and copies of unaltered reports.
• Information about available witness fees, Crime Victims' Compensation Fund, and restitution.
• Expedited return of property when it's no longer needed as evidence.
You Have the Right to Be Notified Of:
• Hearings, pleas, sentencing, and to be heard at same.
• Changes in court proceedings, filing of charges, hearing dates, and final case disposition in a timely manner.
• The release of offender from prison or other institution, upon request to the appropriate custodial facility.
You Have the Right to Be Included in the Prosecution Process:
• By informing the court of the impact of the crime before sentencing through a Victim Impact Statement.
• By expressing your opinion about a plea agreement or sentence recommendation.
• By requesting a speedy trial.
• By having input in pretrial diversion programs.
• By bringing a supportive person to hearings.
You Have the Right to Protection From Harm:
• Tampering with a witness is against Missouri law.
• Witnesses do not have to state their addresses in court.
• Victims have the right to a separate, secure waiting area during court and reasonable protection from the defendant.
• Employers may not discipline or dismiss victims or witnesses who are called to testify in court.
• Victims have a right to reasonable protection from the defendant.
Financial Assistance
If you have suffered a physical or psychological injury as a direct result of a crime, AND you have expenses not covered by insurance or medical assistance, you may be eligible for financial help through the Missouri Crime Victims' Compensation Fund.
Victims May Recover Up to a Total of $25,000 For:
• Medical costs including ambulance, hospital, physician, dental work, and prescriptions.
• Mental health costs directly related to the crime including psychological counseling.
• Lost wages due to a disabling physical or psychological injury that resulted directly from the crime.
• Loss of support for dependents of a deceased or injured victim.
• Preparation and burial expenses up to $5,000.
Crime Victims' Compensation
P.O. Box 1589, Jefferson City, MO 65102-1589
(573) 526-6006 | (800) 347-6881
Website: dps.mo.gov/dir/programs/cvc/
Email: cvc@dps.mo.gov
Don't wait to apply! There is a two-year time limit for filing a claim. (Section 595.010 RSMo.)
What Should You Do?
If You Have Been the Victim of a Drunk Driving Crash:
• Get a copy of the crime reports from the agency that generated the report.
• Call the investigating officer and report ALL errors in the crime reports immediately.
• Ask to be kept informed about the case and secure your rights as a crime victim.
• Keep all records and document all expenses related to the case.
• Request a MADD court advocate to accompany you to court.
Call 1-800-736-6233 or 1-877-623-3435 (24 Hour Help Line)
Missouri DWI Laws
DWI/Driving While Intoxicated (Section 577.010 RSMo.):
• First Offense — Class B Misdemeanor
• Prior Offender — Class A Misdemeanor
• Persistent Offender — Class E Felony
• Aggravated Offender — Class D Felony
• Chronic Offender — Class C Felony
• Habitual Offender — Class B Felony
Sentencing Guidelines (Sections 558.002 and 558.011 RSMo.):
• Class B Misdemeanor — up to 6 months in jail and/or $1,000 fine
• Class A Misdemeanor — up to 1 year in jail and/or $2,000 fine
• Class E Felony — up to 4 years in prison
• Class D Felony — up to 7 years in prison
• Class C Felony — 3-10 years in prison and/or $10,000 fine
• Class B Felony — 5-15 years in prison and/or $20,000 fine
BAC Chemical Test Refusal: License revoked for 365 days.
Criminal Prosecution Process
First Appearance/Arraignment: The defendant is formally notified of the charges, advised of rights, and bail is set.
Pretrial Hearing: The case is formally set for trial. A plea agreement may be offered and discussed.
Trial: Both the prosecutor and the defense present their case before a judge or jury.
Sentencing: If found guilty, the judge orders a sentencing assessment report (SAR). Victims may attend sentencing and provide a Victim Impact Statement.
Victim Impact Statement
Every crime victim is entitled to inform officials how the crime has impacted their life. The statement helps empower the victim and provides information to the sentencing judge.
Important Elements of an Effective Victim Impact Statement:
• Begin preparing your statement early; it can be difficult to write.
• Illustrate how an actual person was harmed by the crime.
• Share details about who the victim was and the human consequences.
• Request that the judge consider the full impact of the crime.
Understanding Grief
Nothing in life is more painful than the violent and senseless death of a loved one. Each person grieves differently, yet not so differently that they cannot find fellowship with others who are suffering.
Seek the support and understanding of others. Call MADD at (573) 636-2460 or 1-800-736-6233 for grief support and assistance available throughout Missouri.
Crime Victim Hotline
Crime Victim Hotline: 1-888-773-1800
Missouri State Highway Patrol — Filling a V.O.I.D. Victim Advocate
Jefferson City: (573) 526-6372
MADD Missouri State Victim Assistance
24-hr National Help Line: (877) 623-3435
Contact
Public Information and Education Division
Missouri State Highway Patrol
1510 E. Elm St., Jefferson City, MO 65101
(573) 751-3313
Website: www.mshp.dps.missouri.gov
Email: mshppied@mshp.dps.mo.gov