Miller v. Director of Revenue

• Decision Date: 20 January 2009
• Docket Number: No. WD 69319.,WD 69319.
• Citation: 277 S.W.3d 290
• Parties: Brian F. MILLER, Appellant, v. DIRECTOR OF REVENUE, Respondent.
• Court: Missouri Court of Appeals

277 S.W.3d 290

Brian F. MILLER, Appellant, v. DIRECTOR OF REVENUE, Respondent.

No. WD 69319.

Missouri Court of Appeals, Western District.

January 20, 2009.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 3, 2009.

Bruce Brandon Brown, Kearney, MO, for Appellant.

James Robert Layton, Jefferson City, MO, for Respondent.

Before: JOSEPH M. ELLIS, Presiding Judge, RONALD R. HOLLIGER and JOSEPH P. DANDURAND, Judge.¹

JOSEPH M. ELLIS, Judge.

On November 18, 2006, Appellant Brian F. Miller was arrested in Platte City, Missouri, for driving while intoxicated. Appellant held a class A commercial driver's license but was not driving a commercial vehicle at the time of his arrest. The arresting officer seized Appellant's driver's license.

On November 21, 2006, Appellant, acting through counsel, sent a letter to the Department of Revenue stating that his license had been seized and that, though he had not yet been served with notice of suspension or revocation, he was requesting an administrative hearing.

On December 7, 2006, the arresting officer completed a Notice of Suspension/Revocation of Appellant's driving privilege under Section 302.505.² That notice was forwarded to the Department of Revenue.

On December 18, 2006, the Department sent Appellant a "Notice of Disqualification of Your Driving Privilege From Operating Class A, B, and/or C Commercial Motor Vehicle." That notice informed Appellant that he was disqualified from driving a commercial vehicle for one year beginning January 17, 2007, that the decision was final, and that Appellant had 30 days to appeal the decision to the circuit court in his county of residence.

On January 5, 2007, the Department sent Appellant notice of a hearing to be held on January 22, 2007, related to the suspension/revocation of his driving privileges.

On January 10, 2007, Appellant filed a petition for review of his disqualification from driving a commercial vehicle in the Circuit Court of Ray County, where he resided.

Following the January 22 hearing, on January 31, 2007, the hearing officer issued her findings of fact and conclusions of law finding that Appellant had been arrested for driving while intoxicated and that his blood alcohol level had been over .08%. She sustained the suspension/revocation of his privilege to drive in the State of Missouri. Her decision also informed Appellant of his right to seek a trial de novo in the circuit court of his arrest by filing for such a trial by February 15, 2007. On March 1, 2007, Appellant filed a petition for trial de novo in the Circuit Court of Platte County. Subsequently, Appellant filed a motion to dismiss that petition, and it was dismissed with prejudice.

On September 11, 2007, a hearing was held in the Circuit Court of Ray County regarding Appellant's disqualification from driving a commercial vehicle. On October 2, 2007, the circuit court entered its judgment affirming the disqualification, relying upon the previous adjudication of the suspension/revocation of Appellant's driving privileges to establish a "conviction" under § 302.700(8).³ Appellant brings two points on appeal.

"Our review of the trial court's judgment is governed by Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976)." Jones v. Director of Revenue, 237 S.W.3d 624, 625 (Mo.App. E.D.2007). "Thus, we will affirm the judgment unless it is not supported by substantial evidence, it is against the weight of the evidence, or it erroneously declares or applies the law." Id.

In his first point, Appellant contends that the trial court erred in relying on the administrative determination related to the suspension/revocation of his driving privileges in determining that his disqualification from driving a commercial vehicle was proper. He argues that disqualification under § 302.755.1, and the procedures related thereto under § 302.311, was the exclusive manner in which his commercial driver's license could be suspended or revoked. He claims that the circuit court should have deemed the administrative determination under § 302.505.1 to be void, that the trial court's reliance on that determination to establish a "conviction" was therefore improper, and that the court should have granted his request for a trial de novo on all issues.

Section 302.505.1 provides that the Director "shall suspend or revoke the license of any person upon its determination that the person was arrested upon probable cause to believe such person was driving a motor vehicle while the alcohol concentration in the person's blood, breath, or urine was eight-hundredths of one percent or more by weight." The arresting officer "shall forward to the department a certified report of all information relevant to the enforcement action," § 302.510.1, and the Director then makes the determination to suspend or revoke on the basis of that report. § 302.505.2. Once that determination is made, the driver may request a hearing pursuant to § 302.530 within 15 days of receipt of the Director's notice. A driver aggrieved by the hearing officer's decision may then request a trial de novo in the circuit court of the county where the arrest occurred within 15 days of the mailing of notice of that decision. § 302.535. This procedure was followed in suspending/revoking Appellant's driving privileges.

Appellant contends that, because he held a commercial driver's license, he could only have his driving privileges suspended or revoked in accordance with § 302.755, which he claims is a more specific statute addressing the suspension or revocation of a commercial driver's license for driving under the influence. He argues that the administrative action taken under § 302.505 was improper and void.

Under § 302.755.1(1), "a person is disqualified from driving a commercial motor vehicle for a period of not less than one year if he or she is convicted of driving under the influence of alcohol or a controlled substance." Jones, 237 S.W.3d at 625. The term "conviction" refers to "an unvacated adjudication of guilt, ... or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative proceeding." § 302.700(8) (emphasis added). Review of the Director's decision to disqualify a person from driving a commercial vehicle under § 302.755 is governed by § 302.311. West v. Director of Revenue, 184 S.W.3d 578, 579 (Mo.App. S.D.2006). Under § 302.311, a driver disqualified from driving a commercial vehicle may petition the circuit court in his or her county of residence for a trial de novo on the issue within 30 days of the Director's decision.

Appellant misunderstands...