Court of Appeals of Missouri, Southern District, First Division
BOBBY J. CARTER, Petitioner-Appellant,
DIRECTOR OF REVENUE, STATE OF MISSOURI, Respondent-Respondent.
FROM THE CIRCUIT COURT OF MISSISSIPPI COUNTY Honorable Samuel
R. Barker, Associate Circuit Judge
WILLIAM W. FRANCIS, JR., J.
J. Carter ("Carter") appeals the judgment of the
trial court dismissing his "Petition for Review of
Suspension of Driving Privilege" in one point relied on.
Finding no merit to Carter's point, we deny the same and
affirm the judgment of the trial court.
and Procedural Background
February 14, 2018, Carter was arrested for driving while
intoxicated (along with multiple other charges). A blood
sample showed Carter's blood alcohol content at 0.166
percent. Thereafter, Carter received notice from the Director
of Revenue (the "DOR") that his commercial
driver's license ("CDL") and base driving
privileges would be suspended. He requested an administrative
hearing before the DOR, pursuant to section 302.530,
 which was conducted on September 4,
hearing officer sustained the suspension. On September 5,
2018, the DOR mailed to Carter, and his attorney, a notice
reflecting the hearing officer's decision to Carter and
his attorney. The notice
contained a "FINAL ORDER COVER SHEET,
" which, in relevant part, recites:
Enclosed is the outcome of your hearing. Your
privilege to drive a Class A, B or C motor vehicle will be
disqualified on October 07, 2018. Your base
privilege (Class E, F or M) to drive will be suspended on
September 20, 2018, for 30 days followed by a 60 day
restricted driving period. If your privilege to drive was
suspended before your hearing, you have been given credit for
You may be eligible for an immediate restricted driving
privilege if you install an approved ignition interlock
device. The restricted driving privilege will not allow you
to drive a Class A, B or C motor vehicle during your
disqualification period. See Restricted Driving Privilege
Information on the back of this letter.
To reinstate your privilege to drive, send the REINSTATEMENT
REQUIREMENTS listed on the back of this letter to the Driver
License Bureau, PO Box 200, Jefferson City, MO 65105-0200,
before your suspension or revocation period ends. For
complete reinstatement information visit our website at
http://dor.mo.gov/drivers/ or call (573) 526-2407.
Please read all enclosed information carefully. If you have
any questions, please contact our office.
hearing officer's "Findings of Fact and Conclusions
of Law" (also mailed to Carter and his attorney as part
of the notice), directed in relevant part that Carter's
"privilege to drive in the state of Missouri is hereby
suspended as authorized and required by Sections
directly after and on the same page, the hearing officer
indicated that the "Date of Mailing to Petitioner"
was September 5, 2018, and that the "Date of
Suspension" was "September 20, 2018." A
"NOTICE" at the bottom of the same
If you do not agree with the decision made by the department,
you may file a petition for Trial DeNovo in the Circuit Court
in the county of arrest. You must file the petition with the
court by the effective date of your suspension/revocation.
The Administrative Decision is independent of any criminal
charges resulting from this arrest. Your license may be
suspended or revoked based upon points assessed if you are
convicted of a criminal charge.
notice also contained a "Notice of
Disqualification of Your Driving Privilege From Operating
Class A, B and/or C Commercial Motor Vehicle, "
which indicated, in relevant part, as follows:
On October 07, 2018, [y]our privilege to
drive a commercial motor vehicle will be disqualified for one
year based on the outcome of your administrative hearing for
driving with a blood alcohol content which exceeded the legal
limits. (Sections 302.700 and 302.755, RSMo)[.]
This disqualification will end at midnight October
07, 2019. At the end of your disqualification, our
office will issue a notice that your commercial driving
privilege has been restored, provided you are not suspended,
revoked, cancelled, disqualified or denied a license for any
When your commercial driving privilege is restored, you must
take the complete commercial driver license examination if
you wish to reapply for a Class A, B or C driver license. You
must also reinstate your base driving privilege (Class E, F
or M) in order to take the CDL test.
This is the final decision of the Director of Revenue. You
have 30 days from September 05, 2018, to appeal this decision
to the circuit court in your county of ...