Schroeder v. Director of Revenue

• Decision Date: 29 October 2009
• Docket Number: No. SD 29568.,SD 29568.
• Citation: 295 S.W.3d 890
• Parties: Lee SCHROEDER, Petitioner-Respondent, v. DIRECTOR OF REVENUE, State of Missouri, Respondent-Appellant.
• Court: Missouri Court of Appeals

295 S.W.3d 890

Lee SCHROEDER, Petitioner-Respondent, v. DIRECTOR OF REVENUE, State of Missouri, Respondent-Appellant.

No. SD 29568.

Missouri Court of Appeals, Southern District, Division One.

October 29, 2009.

Chris Koster, Atty. Gen., J. David Bechtold, Special Asst. Atty. Gen. of Jefferson City, MO, for Appellant.

David A. Cole of Cassville, MO, for Respondent.

JEFFREY W. BATES, Presiding Judge.

The Director of Revenue (the Director) denied a Missouri driver's license to Lee Schroeder (Schroeder) because his California driving privileges had been suspended for failure to pay child support. The Director relied upon § 302.600, the Driver's License Compact (the Compact), as the basis for the denial.¹ Schroeder challenged that decision, and the trial court entered a judgment ordering the Director to issue Schroeder a Missouri driver's license. Because the suspension of a person's driving privileges in another state for failure to pay child support is not a violation relating to the operation of a motor vehicle as required by the Compact, the judgment is affirmed.

I. Factual and Procedural Background

The relevant facts are not in dispute. The parties agree that, in 1997 and 1998, Schroeder's driver's license was suspended by the state of California for failing to pay child support.² His California driver's license has not been reinstated and is recorded as suspended in the National Driver Register (NDR).

In 2005, Schroeder lived in Barry County, Missouri. At that time, he had been a resident of Missouri for several years. He applied for a Missouri driver's license from the Department of Revenue. Before a Missouri driver's license can be issued, the applicant's license status in all states must be checked using the NDR. 12 CSR 10-24.325(1).³ If the applicant's license status is shown as suspended, the application for a Missouri driver's license must be denied. 12 CSR 10-24.325(2). Because the NDR showed that Schroeder's license had been suspended in California, he was verbally notified that he would not be issued a Missouri driver's license. Other than the driver's license suspension in California for failure to pay child support, Schroeder has no convictions or violations which would prevent him from receiving a driver's license in Missouri.

When a person's application for a license is denied, § 302.311 permits the person to obtain a de novo review of that decision by the circuit court of the county of his residence. Id. In December 2005, Schroeder filed a petition in the circuit court of Barry County challenging the Director's decision. The Director has stipulated that Schroeder's petition was timely filed. See § 302.311 (requiring the appeal to be filed within 30 days after the applicant receives notice of the denial).

In the circuit court proceeding, it was undisputed that the State of Missouri had not suspended Schroeder's driver's license for failure to pay child support pursuant to the license suspension provisions in §§ 454.1000-.1025 of the Enforcement of Support Law (Chapter 454). Nevertheless, Schroeder argued that the court had the authority to stay the suspension pursuant to § 454.1010. The Director disagreed and argued that Schroeder's appeal was governed by Chapter 302. Pursuant to the Compact contained within that chapter the Director contended the California suspension for failure to pay child support was a violation that authorized the Director to deny Schroeder's license application. In November 2008, the trial court entered a judgment ordering the Director to issue Schroeder a Missouri driver's license. This appeal followed.

II. Standard of Review

On appeal, our standard of review is well-settled. We must affirm the trial court's judgment unless there is no substantial evidence to support it, it is against the weight of the evidence, or the trial court erroneously declared or applied the law. Hinnah v. Director of Revenue, 77 S.W.3d 616, 620 (Mo. banc 2002); Laney v. Director of Revenue, 144 S.W.3d 350, 352 (Mo.App.2004). "This Court independently evaluates the declaration and application of the law by the trial court." Owen v. Director of Revenue, 256 S.W.3d 605, 608 (Mo.App.2008). In addition, this Court is primarily concerned with the correctness of the trial court's result, rather than the route taken by the trial court to reach that result. Business Men's Assur. Co. of America v. Graham, 984 S.W.2d 501, 506 (Mo. banc 1999). Therefore, we will affirm the trial court's judgment under any reasonable theory supported by the evidence. Jackson v. Cannon, 147 S.W.3d 168, 173 (Mo.App.2004); Mann v. Director of Revenue, 140 S.W.3d 106, 109 n. 3 (Mo.App. 2004).

III. Discussion and Decision

The Director contends the trial court erred as a matter of law in ordering the Director to issue Schroeder a Missouri driver's license. Two arguments are advanced in support of reversal.

First, the Director contends that the Chapter 454 license suspension and stay procedures are inapplicable here. This Court agrees. The statutory framework for enforcing a support obligation includes the authority "to suspend the driver's license, among other licenses, of a person who owes past-due child support." Laughlin v. Abney, 254 S.W.3d 255, 257 (Mo.App.2008); § 454.1003. The procedures for doing so are set out in §§ 454.1000-.1025. Laughlin, 254 S.W.3d at 257. Only the director of the division of child support or a court may issue an order suspending a child support obligor's license. § 454.1003.1; § 454.1008.2. "The obligor may not appeal the suspension of a license pursuant to sections 454.1000 to 454.1025 pursuant to any other law, including, but not limited to, section 302.311, RSMo. The exclusive procedure for appeal is provided in sections 454.1000 to 454.1025." § 454.1008.3. In the case at bar, Schroeder's application for a Missouri driver's license was denied because a review of the NDR showed that his California driving privileges had been suspended for failure to pay child support. It is undisputed that neither a Missouri court nor the director of the division of child support had issued an order pursuant to §§ 454.1000-.1025 suspending Schroeder's Missouri driving privileges. Therefore, the exclusive remedy provision in § 454.1008.3 and the stay provisions in § 454.1010 have no application here. The denial of Schroeder's driver's license application and his appeal therefrom are governed by Chapter 302, rather than Chapter 454. Although the trial court may have incorrectly based its ruling on § 454.1010, the Director is entitled to reversal only if the Compact authorizes the denial of Schroeder's license application due to his California suspension for failing to pay child support. Mann, 140 S.W.3d at 110 n. 3 (Mo.App.2004). We address that argument next.

The Director contends the trial court misapplied the law by not interpreting the Compact to give the Director the authority to deny Schroeder's driver's license application. Both California and Missouri are parties to the Compact, which is set forth in § 302.600.⁴ We begin our analysis by examining Article I of the Compact, which states:

Findings and Declaration of Policy

(a) The party states find that:

(1) The safety of their streets and highways is materially affected by the degree of compliance with state and local ordinances relating to the operation of motor vehicles.

(2) Violation of such a law or ordinance is evidence that the violator engages in conduct which is likely to endanger the safety of persons and property.

(3) The continuance in force of a license to drive is predicated upon compliance with laws and ordinances relating to the operation of motor vehicles, in whichever jurisdiction the vehicle is operated.

(b) It is the policy of each of the party states to:

(1) Promote compliance with the laws, ordinances, and administrative rules and regulations relating to the operation of motor vehicles by their operators in each of the jurisdictions where such operators drive motor vehicles.

(2) Make the reciprocal recognition of licenses to drive and eligibility therefor more just and equitable by considering the overall compliance with motor vehicle laws, ordinances and administrative rules and regulations as a condition precedent to the continuance or issuance of any license by reason of which the licensee is authorized or permitted to operate a motor vehicle in any of the party states.

§ 302.600, art. I (italics added). Thus, the objective of the Compact is to promote a driver's compliance with laws, ordinances, rules and regulations relating to the operation of motor vehicles. It is this type of violation which provides evidence that the driver engages in conduct which is likely to endanger the safety of persons or property.

The conduct at issue here is failure to pay child support. In our view, such conduct is completely unrelated to a person's compliance, as a driver, with laws, ordinances, rules or regulations relating to the operation of a motor vehicle. The failure to pay child support provides no evidence whatsoever that the person will engage in conduct, while operating a motor vehicle, which is likely to endanger the safety of persons or property. Accordingly, this Court holds that the Director was not authorized by the Compact to deny Schroeder's application for a Missouri driver's license because his California driver's license had been suspended for failure to pay child support.

In so holding, we have considered and rejected the Director's contention that the denial was support by Article V(1) of the Compact. In relevant part, this provision states:

Upon application for a license to drive, the licensing authority in a party state shall ascertain whether the applicant has ever held, or is the holder of a license to drive issued by any other party state. The licensing authority in the state where application is made shall not issue a license to drive to the applicant if:

(1) The applicant has held such a license, but the...