Eccarius v. Director of Revenue, State of Mo., WD
Decision Date | 15 August 1989 |
Docket Number | No. WD,WD |
Citation | 774 S.W.2d 574 |
Parties | Norman David ECCARIUS, Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Appellant. 41145. |
Court | Missouri Court of Appeals |
William L. Webster, Atty. Gen., Mary Browning, Sp. Asst. Atty. Gen., Jefferson City, for appellant.
Barbara Harris Pape, Columbia, for respondent.
Before SHANGLER, P.J., TURNAGE and KENNEDY, JJ.
Norman David Eccarius filed an application for a hardship driving privilege. The court granted such privilege for a year from September 1, 1988. The Director of Revenue appeals and contends that Eccarius was not entitled to the hardship privilege because he had been twice convicted of driving while intoxicated, as defined by § 577.010.1, RSMo 1986, within five years. Reversed.
Eccarius filed an application for a hardship driving privilege and alleged that his driver's license had been revoked on March 22, 1984, as a result of two DWI convictions within five years. The petition alleged the first conviction was on November 23, 1981, and alleged that five years had expired from that time since the petition was filed on June 24, 1988. The petition was accompanied by a certified copy of the driver's record of Eccarius.
The driver's record revealed that Eccarius was convicted of driving while intoxicated on November 23, 1981, and his driver's license was revoked for one year. Eccarius was next convicted for driving while intoxicated on February 28, 1984, and his license was again revoked for one year. In the interim, Eccarius' license had been revoked on February 17, 1983, and again on November 11, 1983, apparently for accumulation of points. All told the record indicates that Eccarius had had his license revoked on four different occasions. In addition, the record indicated a total of seven convictions, including the two DWI charges, between September 18, 1981 and August 8, 1986. In fact two convictions carrying four points each had occurred after the revocation of March 22, 1984.
Eccarius took the position that he was entitled to a hardship privilege because he had not been convicted of DWI twice within the immediate preceding five-year period before the application for the hardship was filed.
Section 302.309.3(5)(a), RSMo 1987 Supp., provides:
(5) No person is eligible to receive hardship driving privilege whose license had been suspended or revoked for the following reasons:
(a) Who has been convicted of any felony in the commission of which a motor vehicle was used, or who has been convicted twice within a five-year period of violating the provisions of section 577.010, RSMo. The director shall not issue a license to such person for five years from the date such person was convicted for violating the provisions of section 577.010, RSMo. Any person who has been denied a hardship driving privilege for violating the provisions of section 577.010, RSMo, prior to September 28, 1987, shall be granted their hardship driving privilege, upon application, unless the two convictions occurred within a five-year period, in which case, no hardship driving privilege shall be granted to the person for five years from the date of the second conviction;
The trial court expressed doubt that the legislature meant to prohibit the granting of a hardship driving privilege to anyone who had been convicted of a...
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...are ineligible for hardship driving privilege for a period of five years dating from the second conviction. Eccarius v. Director of Revenue, 774 S.W.2d 574, 575-76 (Mo.App.1989). Respondent Prewitt was convicted of driving while intoxicated twice within four years; the later conviction occu......
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