Krupp v. Director of Revenue

Missouri Court of Appeals

Krupp v. Director of Revenue

930 S.W.2d 482, 1996 Mo. App. LEXIS 1614

CourtMissouri Court of Appeals

DecidedOctober 1, 1996

DocketNo. 68770

StatusPublished

This text of 930 S.W.2d 482 (Krupp 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

Krupp v. Director of Revenue, 930 S.W.2d 482, 1996 Mo. App. LEXIS 1614 (Mo. Ct. App. 1996).

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Opinion

GARY M. GAERTNER, Judge.

Appellant, the Director of Revenue (“Director”), appeals the judgment of the Circuit Court of Franklin County setting aside the revocation of Mark Thomas Krupp’s (“driver’s”) driving privileges, imposed pursuant to RSMo § 577.041 (1994), as barred by double jeopardy where driver had previously pled guilty to the criminal charge of driving while intoxicated, RSMo § 577.010 (1994). We reverse and remand for further proceedings.

This case is controlled by the Missouri Supreme Court’s recent decision, State v. Mayo, 915 S.W.2d 758, 762-63 (Mo.banc 1996). In Mayo, the court held the suspension or revocation of one’s driving privileges in an administrative proceeding is not punishment for double jeopardy purposes. Id. Thus, driver’s claim that his pleading guilty to criminal charges serves to bar any administrative sanctions is without merit.

Based on the foregoing, the judgment of the trial court is reversed and remanded.

DOWD, P.J., and REINHARD, J., concur.

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