Chamberlain v. State, Director of Revenue, 68964

Decision Date30 April 1996
Docket NumberNo. 68964,68964
Citation921 S.W.2d 138
PartiesDavid Allen CHAMBERLAIN, Respondent, v. STATE of Missouri, DIRECTOR OF REVENUE, Appellant. . Division One
CourtMissouri Court of Appeals

Appeal from the Circuit Court of St. Louis County; Hon. George Draper.

Jeremiah W. (Jay) Nixon, Atty. Gen., Rodney P. Massman, Special Assistant Atty. Gen., Missouri Department of Revenue, Jefferson City, for appellant.

Michael J. Smith, St. Louis, for respondent.

KAROHL, Judge.

The Director of Revenue (DOR) attempts to appeal an order reinstating David Allen Chamberlain's driving privileges pursuant to § 302.500 et seq. RSMo 1994. 1

Chamberlain's driving license was suspended as a result of allegedly driving under the influence with a blood alcohol level of .10. He requested an administrative hearing under § 302.505, which sustained the suspension. He petitioned for a trial de novo hearing under § 302.535. The case was assigned to a traffic court commissioner. The traffic court commissioner heard the case and found Chamberlain's driving privileges should be reinstated. The commissioner found the arresting officer had probable cause to arrest Chamberlain, but he did not have a blood alcohol concentration of .10 or more.

Before addressing the issues on appeal, we have an affirmative duty to determine whether we have jurisdiction. Webster v. City of Cool Valley, 838 S.W.2d 520 (Mo.App.E.D.1992).

We find the order is without legal effect. Section 302.500 et seq. provides a comprehensive procedure to review a suspension or revocation of a drivers' license. Under § 302.535.1, the petition for trial de novo shall be filed in the circuit court, heard and decided by a circuit judge or an associate circuit judge, not a traffic court judge or commissioner. State of Missouri ex rel. Coyle v. O'Toole, 914 S.W.2d 871 (Mo.App.E.D.1996). Also, a traffic court commissioner is not authorized by § 479.500 to hear a drivers' license suspension or revocation trial de novo. Id.

Chamberlain's petition remains pending in the circuit court. We remand for a hearing.

REINHARD, P.J., and GRIMM, J., concur.

1 All statutory references are to RSMo 1994.

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10 cases
  • Sooch v. Director of Revenue, ED 81462.
    • United States
    • Missouri Court of Appeals
    • May 13, 2003
    ...931 S.W.2d 197 (Mo.App. E.D. 1996); Battle v. Director of Revenue, 930 S.W.2d 533 (Mo.App. E.D.1996); Chamberlain v. Director of Revenue, 921 S.W.2d 138, 139 (Mo.App. E.D.1996); State ex rel. Coyle v. O'Toole, 914 S.W.2d 871, 873 (Mo. App. While this may be the general rule in Missouri, the......
  • Kuhlman v. Director of Revenue, State of Mo., s. 70998
    • United States
    • Missouri Court of Appeals
    • March 25, 1997
    ...a proceeding is without legal effect, and leaves the driver's petition pending in the circuit court. Chamberlain v. State, Director of Revenue, 921 S.W.2d 138, 139 (Mo.App. E.D.1996); see also Klipsch v. Lohman, Director of Revenue, 931 S.W.2d 197 (Mo.App. E.D.1996); Battle v. Director of R......
  • Patrick v. Director of Revenue, State of Mo., 69559
    • United States
    • Missouri Court of Appeals
    • February 25, 1997
    ...circuit court and heard by a circuit judge or an associate circuit judge, not a traffic court commissioner. Chamberlain v. Director of Revenue, 921 S.W.2d 138, 139 (Mo.App. E.D.1996). The order entered here, after a trial de novo heard by a traffic court commissioner, is without legal effec......
  • Klipsch v. Lohman, 70060
    • United States
    • Missouri Court of Appeals
    • October 8, 1996
    ...were adopted and confirmed by an associate circuit judge. The instant case is controlled by the 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 ord......
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