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Boin v. Director of Revenue

Court of Appeals of Missouri, Western District, Fourth Division

March 3, 2015

LARRY W. BOIN, Respondent,
v.
DIRECTOR OF REVENUE, Appellant

Appeal from the Circuit Court of Vernon County. The Honorable James R. Bickel, Judge.

Judy R. Ullmann, Nevada, MO, for appellant.

Rachel M. Jones, Jefferson City, MO, for respondent.

Before Division Four: Alok Ahuja, C.J., Cynthia L. Martin, J., and David H. Miller, Sp. J. All concur.

OPINION

Alok Ahuja, Judge

Page 507

In March 2011, Respondent Larry Wayne Boin was stopped and arrested while driving, based on probable cause to believe that he was driving while intoxicated. After being transported to the local jail, Boin refused to submit to a chemical breath test. As a result, Boin's driving privileges were revoked. Boin filed a petition for declaratory judgment more than a year after the March 2011 incident. As amended, his petition asked the circuit court to declare the March 2011 revocation void. The trial court granted the relief requested. The Director appeals. Because we conclude that Boin's petition was untimely, we reverse.

Factual Background

Respondent Larry Wayne Boin was subject to a ten-year denial of driving privileges under § 302.060.1(9),[1] which was set to expire on October 31, 2012. As relevant here, § 302.060.1 provides:

The director shall not issue any license and shall immediately deny any driving privilege:
. . . .
(9) To any person who has been convicted more than twice of violating state law, or a county or municipal ordinance . . ., relating to driving while intoxicated; except that, after the expiration of ten years from the date of conviction of the last offense of violating such law or ordinance relating to driving while intoxicated, a person who was so convicted may petition the circuit court [for reinstatement] . . . . If the court finds that the petitioner has not been found guilty of, and has no pending charges for any offense related to alcohol, controlled substances or drugs and has no other alcohol-related enforcement contacts as defined in section 302.525 during the preceding ten years and that the petitioner's habits and conduct show such petitioner to no longer pose a threat to the public safety of this state, the court shall order the director to issue a license to the petitioner if the petitioner is otherwise qualified . . . .

( Emphasis added.) " Alcohol-related enforcement contacts" include " any suspension

Page 508

or revocation entered in this or any other state for a refusal to submit to chemical testing under an implied consent law." § 302.525.3. The emphasized language of § 302.060.1(9), which prohibits reinstatement within ten years of an " alcohol-related enforcement contact," was added to the statute in 2012, effective August ...


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