Battle v. Director of Revenue, State
Battle v. Director of Revenue, State
Opinion of the Court
Director of Revenue (Director) appeals from the circuit court’s judgment reinstating petitioner’s driving privileges. We remand.
Petitioner’s driving privileges were suspended after he was arrested for driving while intoxicated, § 302.505, RSMo 1994.
On appeal, Director contends the reinstatement order is without effect because the case was heard by a traffic court commissioner. We agree. This case is controlled by our recent 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 138-39.
Remanded.
. All statutory citations are RSMo 1994.
Reference
- Full Case Name
- Frederick Ryan BATTLE, Petitioner/Respondent v. DIRECTOR OF REVENUE, STATE OF MISSOURI
- Cited By
- 3 cases
- Status
- Published