Carr v. Dir. of Revenue.
| Decision Date | 29 June 2001 |
| Citation | 49 S.W.3d 248 |
| Parties | (Mo.App. S.D. 2001) Derrick O. Carr, Appellant v. Director of Revenue, Respondent. WD59097 0 |
| Court | Missouri Court of Appeals |
Appeal From: Circuit Court of Jackson County, Hon. Margaret Louise Sauer
Counsel for Appellant: Robert J. Hiler
Counsel for Respondent: Curtis F. Thompson
Opinion Summary: Derrick Carr exercised his right to an administrative hearing to contest the suspension or revocation of his driver's license after an arrest for driving while intoxicated. When his attorney's request for a continuance was denied, the hearing officer entered a default judgment against him, and the circuit court dismissed his petition for trial de novo for lack of subject matter jurisdiction. Carr appeals, contending that the court erred in granting the Director's motion to dismiss because the default judgment sustaining the administrative suspension of his Missouri driver's license was a final administrative decision, and sections 302.350 and 302.535 empower circuit courts with subject matter jurisdiction to hear appeals de novo of final administrative decisions suspending or revoking a person's driving privileges. He argues there was no further administrative remedy, and, therefore, the decision could be appealed de novo pursuant to the subject matter jurisdiction granted in sections 302.530 and 302.535.
REVERSED AND REMANDED.
Division Two holds: Where a licensee evidences an intent to not abandon the right to an administrative hearing or the right to seek relief from the suspension or revocation of his or her license and instead requests that the matter be submitted on the records, the licensee has successfully exhausted his or her administrative remedies so as to not bar a subsequent petition for a trial de novo.
Derrick Carr was arrested at 1:50 a.m. on April 21, 2000, for driving while intoxicated (DWI). After a field sobriety test, the arresting officer conducted a breath analyzer test, and the results showed a blood alcohol content of 0.106%. He was issued a notice of suspension of his driver's license on the same date. On April 24, 2000, Mr. Carr through his attorney, Mr. Robert Hiler, requested an "in person" administrative hearing in Independence, and notice was sent on May 19, 2000, informing Mr. Carr of his hearing scheduled for June 6, 2000. On May 24, 2000, Mr. Hiler requested a continuance due to "a number of jury trials coming up on 6-5-00, in the [Circuit Court]." The request for continuance was granted, and notice was sent on June 30, 2000, notifying the parties that the cause was scheduled for 8:30 a.m. on July 19, 2000.
On July 6, 2000, Mr. Hiler made a request for a continuance, stating that he...
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Carr v. Director of Revenue
...the petition. We reversed the ruling of the trial court, remanding the case to be heard on its merits. See Carr v. Dir. of Revenue, 49 S.W.3d 248, 249 (Mo.App. W.D.2001). On September 20, 2001, a hearing was held on Mr. Carr's petition. At the hearing, the Director called the arresting offi......