Battle v. Director of Revenue, State

Missouri Court of Appeals

Battle v. Director of Revenue, State

930 S.W.2d 533, 1996 Mo. App. LEXIS 1703

CourtMissouri Court of Appeals

DecidedOctober 15, 1996

DocketNo. 69734

StatusPublished

Cited by3 cases

This text of 930 S.W.2d 533 (Battle v. Director of Revenue, State) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Battle v. Director of Revenue, State, 930 S.W.2d 533, 1996 Mo. App. LEXIS 1703 (Mo. Ct. App. 1996).

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Opinion

PER CURIAM.

Director of Revenue (Director) appeals from the circuit court’s judgment reinstating petitioner’s driving privileges. We remand.

Petitioner’s driving privileges were suspended after he was arrested for driving while intoxicated, § 302.505, RSMo 1994.¹ The suspension was sustained following an administrative hearing, §§ 302.505.2 and 302.530, and he requested a trial de novo, § 302.535. The case was assigned to a traffic court commissioner, who heard the case and reinstated petitioner’s driving privileges. The findings and recommendations of the commissioner were adopted and confirmed by an Associate Circuit Judge.

On appeal, Director contends the reinstatement order is without effect because the case was heard by a traffic court commissioner. We agree. This case is controlled by our recent decision in Chamberlain v. Director of Revenue, 921 S.W.2d 138 (Mo.App.E.D.1996). See also State ex rel. Coyle v. O’Toole, 914 S.W.2d 871 (Mo.App.E.D.1996). In Chamberlain, we found that an order entered after a trial de novo heard by a traffic commissioner was without legal effect and that the petition remained in the circuit court. Chamberlain, 921 S.W.2d at 138-39.

Remanded.

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PER CURIAM.

Director of Revenue (Director) appeals from the circuit court’s judgment reinstating petitioner’s driving privileges. We remand.

Petitioner’s driving privileges were suspended after he was arrested for driving while intoxicated, § 302.505, RSMo 1994.¹ The suspension was sustained following an administrative hearing, §§ 302.505.2 and 302.530, and he requested a trial de novo, § 302.535. The case was assigned to a traffic court commissioner, who heard the case and reinstated petitioner’s driving privileges. The findings and recommendations of the commissioner were adopted and confirmed by an Associate Circuit Judge.

On appeal, Director contends the reinstatement order is without effect because the case was heard by a traffic court commissioner. We agree. This case is controlled by our recent decision in Chamberlain v. Director of Revenue, 921 S.W.2d 138 (Mo.App.E.D.1996). See also State ex rel. Coyle v. O’Toole, 914 S.W.2d 871 (Mo.App.E.D.1996). In Chamberlain, we found that an order entered after a trial de novo heard by a traffic commissioner was without legal effect and that the petition remained in the circuit court. Chamberlain, 921 S.W.2d at 138-39.

Remanded.

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930 S.W.2d 533, 1996 Mo. App. LEXIS 1703, Counsel Stack Legal Research, https://law.counselstack.com/opinion/battle-v-director-of-revenue-state-moctapp-1996.

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