Stahl v. Director of Revenue, No. 22649

CourtCourt of Appeal of Missouri (US)
Writing for the CourtJOHN E. PARRISH; CROW, P.J., and SHRUM
Citation998 S.W.2d 601
Docket NumberNo. 22649
Decision Date01 September 1999
PartiesPaul D. STAHL, Respondent, v. DIRECTOR OF REVENUE, Appellant.

Page 601

998 S.W.2d 601
Paul D. STAHL, Respondent,
v.
DIRECTOR OF REVENUE, Appellant.
No. 22649.
Missouri Court of Appeals,
Southern District,
Division One.
Sept. 1, 1999.

Page 602

Jeremiah W. (Jay) Nixon, Atty. Gen., Evan J. Buchheim, Asst. Atty. Gen., Jefferson City, for appellant.

Phillip J. Barkett, Jr., Sikeston, for respondent.

JOHN E. PARRISH, Judge.

The Director of Revenue (director) appeals a judgment ordering him to rescind a certain "administrative action of 7/7/98" and to expunge entries from the driving record of Paul D. Stahl (petitioner) relating to a 1993 conviction for involuntary manslaughter while operating a motor vehicle in an intoxicated condition. See § 565.024.1(2), RSMo 1986. The judgment is affirmed in part, reversed in part and remanded with directions.

On April 15, 1993, petitioner was convicted in the Circuit Court of Crawford County, Missouri, for involuntary manslaughter while operating a motor vehicle while in an intoxicated condition. Director was not notified of that conviction until July 2, 1998. On July 7, 1998, director issued a notice to petitioner stating that on August 8, 1998, his "privilege to drive a motor vehicle in Missouri" would be denied because of the April 15, 1993, conviction. The notice stated petitioner "may be eligible for relicensing after August 8, 1998." It advised petitioner that the notice was a final decision of the director; that pursuant to § 302.311, RSMo 1994, he had 30 days to appeal the decision to the circuit court of his county of residence.

By letter dated August 7, 1998, director notified petitioner:

On August 8, 1998, your privilege to operate a motor vehicle in Missouri is reinstated. This notice is not a permit to operate a motor vehicle.

Our records show your driver's license is in your possession. If your license has been lost, destroyed, stolen, or mutilated, you must apply for a duplicate license.

If you have any questions concerning this reinstatement, please contact the Drivers License Bureau at the above address or telephone number.

Petitioner filed a petition for review in the Circuit Court of Stoddard County, Missouri, requesting that the director be ordered "to rescind and nullify her [sic] actions of 7/7/98" and that he be ordered "to expunge said entry from petitioner's driving record." Following trial the circuit court entered judgment ordering director:

(a) To rescind and nullify his administrative action of 7/7/98 ...; and

(b) To expunge from the Missouri dirivng [sic] record of Paul D. Stahl the following entries:

DEPARTMENT ACTIONS

5 Year Denial (Veh Manslaughter Involved) effective 8-08-1998

Eligible to reinstate on 8-08-1998, actin [sic] is Reinstated as of 8-08-1998

Case PT 9803143

COURT CONVICTIONS

INVOLUNTARY MANSLAUGHTER-DWI assessed 12 points

Violation on 5-09-1991 in Non-Commercial Vehicle, ticket no. 999999999

Convicted on 4-15-1993 in CRAWFORD

CRAWFORD CO CIR CRT-STEELVILL [sic]

Microfilm number 98187CO2404

Director appeals contending "[t]he trial court erred in setting aside the Director's denial and immediate reinstatement of [petitioner's] driving privilege based on his conviction for involuntary manslaughter while operating a vehicle in an intoxicated condition" and "in ordering the Director to remove from [petitioner's] driving record information concerning that action and [petitioner's] conviction." Director argues "[petitioner's] license was subject to a five-year denial under § 302.060(10) because of his conviction" and that...

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1 practice notes
  • Ford v. Director of Revenue
    • United States
    • Court of Appeal of Missouri (US)
    • February 14, 2000
    ...out by Director, he is responsible for maintaining driving records for Missouri drivers. He refers to Stahl v. Director of Revenue, 998 S.W.2d 601, 603-04 (Mo.App. S.D. 1999), where this court said that driving records are relied on for various purposes, are expected to be accurate, and can......
1 cases
  • Ford v. Director of Revenue
    • United States
    • Court of Appeal of Missouri (US)
    • February 14, 2000
    ...out by Director, he is responsible for maintaining driving records for Missouri drivers. He refers to Stahl v. Director of Revenue, 998 S.W.2d 601, 603-04 (Mo.App. S.D. 1999), where this court said that driving records are relied on for various purposes, are expected to be accurate, and can......

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