Klipsch v. Lohman

Missouri Court of Appeals

Klipsch v. Lohman

931 S.W.2d 197, 1996 Mo. App. LEXIS 1647, 1996 WL 571159

CourtMissouri Court of Appeals

DecidedOctober 8, 1996

DocketNo. 70060

StatusPublished

Cited by3 cases

This text of 931 S.W.2d 197 (Klipsch v. Lohman) 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

Klipsch v. Lohman, 931 S.W.2d 197, 1996 Mo. App. LEXIS 1647, 1996 WL 571159 (Mo. Ct. App. 1996).

Pincite

Opinion

PER CURIAM.

Petitioner appeals from the circuit court’s judgment sustaining the Director’s suspension of petitioner’s driving privileges. We remand.

Petitioner’s driving privileges were suspended as a result of allegedly driving with a blood-alcohol content by weight of .10% or more, § 302.505.1, RSMo 1994.¹ The suspension was sustained after an administrative hearing, §§ 302.505.2, 302.530, and she petitioned for a trial de novo, § 302.535. The circuit court assigned the case to a traffic court commissioner. The commissioner heard the case and found that the suspension should be affirmed. The findings and recommendations of the commissioner were adopted and confirmed by an associate circuit judge.

The instant case is controlled by the 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 139.

We remand.

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PER CURIAM.

Petitioner appeals from the circuit court’s judgment sustaining the Director’s suspension of petitioner’s driving privileges. We remand.

Petitioner’s driving privileges were suspended as a result of allegedly driving with a blood-alcohol content by weight of .10% or more, § 302.505.1, RSMo 1994.¹ The suspension was sustained after an administrative hearing, §§ 302.505.2, 302.530, and she petitioned for a trial de novo, § 302.535. The circuit court assigned the case to a traffic court commissioner. The commissioner heard the case and found that the suspension should be affirmed. The findings and recommendations of the commissioner were adopted and confirmed by an associate circuit judge.

The instant case is controlled by the 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 139.

We remand.

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Bluebook (online)

931 S.W.2d 197, 1996 Mo. App. LEXIS 1647, 1996 WL 571159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klipsch-v-lohman-moctapp-1996.

Opinion

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