Court of Appeals of Missouri, Western District, Second Division
from the Circuit Court of Johnson County, Missouri The
Honorable Chad N. Pfister, Judge
Thomas H. Newton, Presiding Judge, and James Edward Welsh and
Karen King Mitchell, Judges
KING MITCHELL, JUDGE
Director of Revenue appeals the trial court's reversal of
the Missouri Department of Revenue's administrative
decision to suspend Bryce Christopher McMillin's driving
license under § 302.505. Director argues that the trial
court erred in finding that McMillin's scooter was not a
"motor vehicle" as set forth in § 302.505 and,
therefore, Director could not revoke McMillin's driving
privilege. Finding no error, we affirm.
a.m. on September 24, 2015, Officer Michael Bilbruck observed
McMillin operating a scooter on a public road. The scooter
had no working taillight and was swerving back and forth.
McMillin failed to signal a left turn, and the officer
initiated a traffic stop.
the stop, the officer observed McMillin sway in place while
standing. McMillin's eyes were watery, glassy, and
bloodshot. McMillin mumbled and smelled of alcohol. McMillin
admitted he had been consuming alcohol. Officer Bilbruck
conducted a field sobriety test, and his observations
suggested McMillin was intoxicated.
Bilbruck arrested McMillin for driving while intoxicated and
transported him to the Warrensburg Police Department. At the
police department, Cpl. Jason Gilbert conducted a chemical
test of McMillin's breath using an Intox EC/IR II breath
instrument. The test revealed a blood alcohol content of
December 9, 2015, the Missouri Department of Revenue held an
administrative hearing regarding McMillin's arrest and
possible license suspension under § 302.505. The
administrative hearing officer issued a decision against
McMillin. On December 23, 2015, McMillin petitioned for a
trial de novo pursuant to § 302.535.
Johnson County Circuit Court held a hearing on the matter and
entered a judgment on May 18, 2016. The Circuit Court set
aside the administrative decision, finding that
McMillin's scooter was not a "motor vehicle" as
set forth in § 302.505 and, therefore, Director could
not revoke McMillin's driving privilege. Director
appeal, we review the trial court's judgment, not the
administrative order revoking driving privileges."
Covert v. Fisher, 151 S.W.3d 70, 73 (Mo. App. E.D.
2004) (citing Barlow v. Fischer, 103 S.W.3d
901, 905 (Mo. App. W.D. 2003)). "We will affirm the
circuit court's judgment unless there is no substantial
evidence to support it, it is against the weight of the
evidence, or it erroneously declares or applies the
law." S.H. v. Cannon, 504 S.W.3d 817, 820 (Mo.
App. W.D. 2016) (citing Murphy v. Carron, 536 S.W.2d
30, 32 (Mo. banc 1976)). "We review legal issues de
novo, without any deference to the circuit court's
conclusions." Id. (citing Pearson v.
Koster, 367 S.W.3d 36, 43 (Mo. banc 2012)). "Where
the parties have stipulated to the facts or where one party
has admitted the other party's facts in pleadings,
testimony, or through counsel, the case involves only legal
issues, and we do not defer to the circuit court's
conclusions drawn upon stipulated or admitted facts."
Id. (citing White v. Dir. of Revenue, 321
S.W.3d 298, 308 (Mo. banc 2010)).
argues that McMillin's license should be revoked ...