Vogel v. Director of Revenue

804 S.W.2d 432, 1991 Mo. App. LEXIS 304, 1991 WL 23729
CourtMissouri Court of Appeals
DecidedFebruary 28, 1991
Docket16866
StatusPublished
Cited by16 cases

This text of 804 S.W.2d 432 (Vogel 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
Vogel v. Director of Revenue, 804 S.W.2d 432, 1991 Mo. App. LEXIS 304, 1991 WL 23729 (Mo. Ct. App. 1991).

Opinion

HOGAN, Judge.

The Director of Revenue appeals from a judgment of the Circuit Court of Camden County reversing an order of license suspension issued by the Director. In the circumstances presented, we reverse and remand.

On December 16, 1988 Michael Vogel was driving a 1974 Dodge van. He was stopped by a member of the Missouri State Highway Patrol in circumstances not specifically shown by the record. Vogel was unable to make proof of financial responsibility for the vehicle as required by § 303.024, RSMo 1986. On December 30, 1988 the Department of Revenue received notice of Vogel’s failure to make proof of financial responsibility. On January 11, 1989 the Department sent Vogel a notice requesting proof of financial responsibility covering the 1974 Dodge. Vogel was advised that if such proof was not provided nor a hearing requested, his driving privileges would be suspended effective February 13, 1989. He was also advised that he had the right to request an administrative hearing.

On February 6, Vogel requested an administrative hearing. On March 14, a hearing was held by an administrative hearing officer. Vogel testified that at the time he was stopped he was driving his 1974 Dodge van. He further testified:

******
. That’s my work van. And, at the time [I was stopped] I [had] previously been in ownership of a full coverage policy of my motorcycle for the past two years. I thought I was in accordance with the law by having a full coverage policy being it would cover me and everything I drove. At the time I was stopped, the officer told me it wasn’t a coverage policy for the van. And the next day, I immediately bought a new policy which I sent in with this, accordance to this hearing. And that’s about all I can show for proof of. I’m trying to be incompliance [sic] with the law. I don’t believe I should be suspended for that I’m [sic] mean.
*433 [HEARING OFFICER]: If I am reading the copy that you have sent in correctly, it states that you made application [for insurance on the Dodge van] on January 31, 1989.
MICHAEL VOGEL: Right.
[HEARING OFFICER]: Okay, and that you just mentioned that you went to get insurance the day after being stopped. (Emphasis added.)”
* * * * * *

On April 3, 1989 the Director made findings of fact and conclusions of law as required by 12 CSR 10-25.030(9). Essentially, the Director found that when Vogel was stopped on December 16, 1988 he failed to make that proof of financial responsibility required by § 303.024.5, RSMo 1986. The Director further found that Vogel testified as we have indicated and that he presented two insurance policies. The declaration pages of the two policies showed that both were issued by the American Standard Insurance Company. One of the policies covered Vogel’s 1974 Dodge for a three-month period beginning February 1, 1989; the other covered Vogel’s 1986 Honda motorcycle for a one-year period beginning August 11, 1987. Vogel’s testimony was that he had not received his new policy for his motorcycle, but coverage was still in effect.

The Director’s dispositive conclusion of law was that Vogel’s testimony, taken as true, showed that he was driving an uninsured motor vehicle on December 16, 1988, and his belief that the policy covering the motorcycle also covered the van did not excuse him. We have examined the declarations page of the policy which covered the motorcycle; there is no declaration concerning a 1974 Dodge van. The Director found that inasmuch as this incident constituted Vogel’s first violation of the Financial Responsibility Law, suspension of his driving privileges for a period of sixty days would be an appropriate punishment. Accordingly, Vogel’s driving privileges were suspended for sixty days commencing May 6, 1989.

Pursuant to the provisions of § 303.290.2, RSMo 1986, Vogel filed a petition for review and an application for hardship driving privileges in the Associate Division of the Circuit Court of Camden County. On January 29, 1990 the cause came on for hearing and the following docket entry was made:

“Case called. Plaintiff in person and with atty. [illegible] Defendant appears P.A. Evidence heard by testimony of Michael Vogel. Case under advisement.”

On February 20, 1990 the trial court entered an order and judgment finding, among other things:

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2. That the plaintiff presently maintains a policy of liability insurance on all motor vehicles which he owns, and has maintained such insurance since February 1, 1989.
3. That notwithstanding Plaintiff’s maintenance of such financial responsibility on April 3, 1989 the [Department] entered its order suspending Plaintiff’s driving privileges for a period of sixty (60) days.
4. That the decisions of the Director of Revenue and the Administrative Hearing Officer revoking petitioner’s license for 60 days was unreasonable.
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The court reinstated .Vogel’s license to operate a motor vehicle. The Director timely appealed to this court as permitted by § 303.290.2, RSMo 1986. By letter dated March 1, 1990, the Director requested a transcript of the trial, requesting that the court include all of the testimony of the witnesses and “the remarks and judgment of the court.” The Director asked to be informed if no transcript had been made and also asked that the legal file be prepared. The Director’s request complied fully with Mo.R.Civ.P. 81.12(c). On March 7, 1990 the Director was advised by the associate division of the circuit court that no magnetic recordings of the associate circuit judge’s hearing had been made and no court reporter was present at the time of trial. It does appear that all parts of the record required to be filed by Mo.R.Civ.P. 81.12(a) have been filed in this court, except for the transcript.

*434 Section 303.290.2, RSMo 1986, provides in pertinent part that any decision, finding or order of the Director under the provisions of Chapter 303 shall be subject to review by appeal to the circuit court of the licensee’s county of residence. It is further provided that:

“... Upon such appeal the cause shall be heard de novo and the circuit court may determine the reasonableness of the director’s decision, finding or order ... in whole or in part_” (Emphasis added.)

Our colleagues of the Western District have construed § 303.290.2 to require the circuit court to conduct a literal hearing de novo once jurisdiction is lodged in the circuit court. At this hearing de novo, the parties are permitted to introduce additional evidence, not duplicative of that presented to the Director, and the circuit court then enters its judgment upon the whole of the evidence. Any subsequent appeal is taken from the judgment of the circuit court and not from the decision of the Director. Boyd v. Director of Revenue, 703 S.W.2d 19, 22 (Mo.App.1985).

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Bluebook (online)
804 S.W.2d 432, 1991 Mo. App. LEXIS 304, 1991 WL 23729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vogel-v-director-of-revenue-moctapp-1991.