Evenson v. Director of Revenue

796 S.W.2d 33, 1990 Mo. App. LEXIS 1203, 1990 WL 114283
CourtMissouri Court of Appeals
DecidedAugust 7, 1990
DocketNo. WD 42723
StatusPublished
Cited by2 cases

This text of 796 S.W.2d 33 (Evenson v. Director of Revenue) 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
Evenson v. Director of Revenue, 796 S.W.2d 33, 1990 Mo. App. LEXIS 1203, 1990 WL 114283 (Mo. Ct. App. 1990).

Opinion

FENNER, Judge.

Appellant, Director of the Department of Revenue, State of Missouri, (hereinafter the Director), appeals from a judgment of the Circuit Court of Clay County reversing its administrative decision suspending respondent, Dr. Martin A. Evenson’s driving privileges, pursuant to the Motor Vehicle Financial Responsibility Law, §§ 303.010-303.370.1

The Director received notice, as required by § 303.024.5, from the Gladstone, Missouri, Public Safety Department, that re[35]*35spondent was operating a motor vehicle on March 15, 1989, and failed to show proof of financial responsibility. On March 23, 1989, respondent was sent notice by the Director, pursuant to § 303.041, advising that his driving privileges would be suspended on April 25, 1989, if he did not provide evidence to show that on March 15, 1989, he was in compliance with his duty to maintain financial responsibility on his vehicle. This notice by the Director was returned as “unclaimed”. The Director reissued the notice and respondent subsequently requested an administrative hearing.

The facts are not in dispute and reflect that respondent was the owner of a vehicle registered in this state and that on March 15, 1989, he operated said vehicle when financial responsibility was not maintained. In his defense, respondent argued that while he was on a leave of absence from his medical practice he failed to receive notice that his insurance premium was due and consequently his automobile insurance lapsed from approximately March 10, 1989, until March 20, 1989, when his insurance coverage was reinstated.

The Administrative Hearing Officer found that respondent had operated a motor vehicle when financial responsibility was not maintained, in violation of § 303.025, and ordered respondent’s driving privileges suspended.

Respondent filed a petition for review in the Circuit Court of Clay County. The circuit court reversed the Hearing Officer’s decision finding that the administrative decision was unreasonable.

On appeal, the Director argues that the circuit court erred in setting aside the suspension of respondent’s- driving privileges because respondent was operating a vehicle registered in this state at a time when he did not maintain financial responsibility as required under § 303.025. Respondent argues (1) that the Financial Responsibility Law requires proof of financial responsibility on the date notice is sent by the Director rather than the date he was actually operating his vehicle; (2) that there was a legitimate explanation for the lapse because he did not receive his mail; and (3) that the suspension was unreasonable because it did not give him credit for the time he had already served on the suspension.

A decision of the Director pursuant to the provisions of the Motor Vehicle Financial Responsibility Law is subject to appeal to the circuit court. Such appeal is de novo for the circuit court to determine the reasonableness of the Director’s decision. § 303.290.2. Boyd v. Director of Revenue, 703 S.W.2d 19, 21-22 (Mo.App.1985). Any appeal thereafter is from the judgment of the circuit court rather than from the ruling of the Director. Id. at 22. As in other court tried cases, the judgment of the trial court will be sustained on appeal unless there is no substantial evidence to support it, unless it is against the weight of the evidence, or unless it erroneously declares or applies the law. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976).

The first issue addressed herein is whether respondent was required to have proof of financial responsibility in effect as of the time he was operating his vehicle, March 15, 1989, or as of the date he was sent notice to show proof by the Director, which was March 23, 1989. This issue over the effective date arises when comparing the language of § 303.026 to the language of § 303.041.

Section 303.026 relates to vehicle registration and the suspension of registration of owners of motor vehicles who falsely certify that they will maintain financial responsibility. It provides in pertinent part as follows:

303.026. Director to notify owners who register vehicles, contents — certified statement of financial responsibility required for registration — random samples to be taken for verification. — (Emphasis added).
* * * * * *
2. No motor vehicle owner shall be issued registration for a vehicle unless the owner, ... signs a statement ... certifying that such owner has and will maintain, during the period of registration, financial responsibility with respect to each motor vehicle that is owned, li[36]*36censed or operated on the streets or highways.
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4. Upon determination that the information provided by the owner ... is inaccurate, the director shall notify the owner of the need to provide, within thirty days, information establishing the existence of the required financial responsibility as of the date of such notice. Failure to provide such information shall result in the suspension of all registrations of the owner’s motor vehicles failing to meet such requirements, as is provided in section 303.041. (Emphasis added).

Section 303.041 relates to the suspension of the operator’s license or the operator’s license and vehicle registration of a person who fails to comply with § 303.025 by operating a vehicle or permitting another to operate the vehicle without maintaining financial responsibility. It provides in pertinent part as follows:

303.041. Failure to maintain financial responsibility-suspension of license and registration — notice-failure to surrender license or registration, fee. — (Emphasis added).
1. If the director determines that the operator or owner of a motor vehicle has not maintained the financial responsibility required in section 303.025 ... the director shall thirty-three days after mailing notice to the owner or operator suspend the license of the owner or operator, or both, and all registrations of the owner’s motor vehicles failing to meet such requirement. The notice of suspension shall be mailed to the person at the last known address shown on the department’s records, and to the address provided by the accident report if that address differs from the address of record. The notice is deemed received three days after mailing. The notice of suspension shall clearly specify the reason and statutory grounds for the suspension and the effective date of the suspension, the right of the person to request a hearing, the procedure for requesting a hearing, and the date by which that request for a hearing must be made. (Emphasis added).
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Section 303.025 provides in pertinent part as follows:

1. No owner of a motor vehicle registered in this state shall operate the vehicle, or authorize any other person to operate the vehicle, unless the owner maintains the financial responsibility as required by this section. (Emphasis added).

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Related

Hudson v. Director of Revenue
216 S.W.3d 216 (Missouri Court of Appeals, 2007)
Martens v. Director of Revenue
819 S.W.2d 778 (Missouri Court of Appeals, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
796 S.W.2d 33, 1990 Mo. App. LEXIS 1203, 1990 WL 114283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evenson-v-director-of-revenue-moctapp-1990.