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Lacy v. Director of Revenue1/5/2000
the circuit court. The brief suggests that such a person would lose "any restricted driving privilege issued pursuant to section 302.535.2" in the event the director appealed the trial court's judgment; that the licensee would not have driving privileges between the date of the trial court's judgment and the time the appeal was completed.
The statute about which the director expresses concern, section 302.535.2, provides for issuance of restricted driving privileges that "shall terminate on the date of the disposition of the petition for trial de novo." If a circuit court judgment directed to a petition for trial de novo were appealed, there would be no disposition of the petition until the appeal was completed and mandate of the appellate court was issued communicating that court's judgment. See Board of Regents v. Harriman, 857 S.W.2d 445, 449 (Mo.App. 1993). The director's concerns about "howls of protest" are not matters with which this court can lend assistance. The Motion to Dismiss Appeal is granted. The appeal is dismissed.
Page 1 2 Missouri DUI Attorneys
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