Missouri Court of Appeals, 1988

Spurgin v. McNeill

Spurgin v. McNeill
Missouri Court of Appeals · Decided July 19, 1988 · Crist, Dowd, Reinhard
755 S.W.2d 676; 1988 Mo. App. LEXIS 1018; 1988 WL 74059 (South Western Reporter, Second Series)

Spurgin v. McNeill

Opinion of the Court

CRIST, Presiding Judge.

Director of Revenue (Director) appeals from a trial court order sustaining driver’s Petition for Review of the administrative revocation of his driving privilege. We reverse and remand.

In 1986 driver pled guilty to driving a car while having a blood alcohol content (BAC) in excess of ten hundredths of one percent by weight. Based upon a prior 1975 guilty plea to operating a car with an excessive BAC, Director assessed twelve points against driver’s driving record under § 302.302.1(8), RSMo 1986, and revoked his driving privileges.

In 1982 § 302.302 was amended to require that additional points be assessed for subsequent BAC convictions. Driver contends the 1982 amendment to § 302.302 is an ex post facto law when applied to his 1975 conviction and that it was illegal to use the pre-1982 conviction to enhance the points assessed for the 1986 conviction. Faced with this same issue we recently held there was no such violation. Ragland, v. McNeill, 747 S.W.2d 701,702[1] (Mo.App. 1988).

Judgment reversed and remanded for the trial court to enter an order revoking driver’s privilege to operate a motor vehicle for one year.

DOWD and REINHARD, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.