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Ziegler v. Director of Revenue11/16/2004
Roger Marion Ziegler ("Driver") appeals from the judgment of the Circuit Court of Cape Girardeau County affirming the denial of his driving privileges for ten years. We affirm.
Background
Director of Revenue ("Director") issued a notice to Driver denying his driving privileges for ten years for having more than two driving while intoxicated convictions. The Director based the denial on Section 302.060, R.S.Mo 2000, [FN1] which provides, in pertinent part, that driving privileges are denied for ten years "[t]o any person who has been convicted more than twice of violating state law, or a county or municipal ordinance where the judge in such cases was an attorney and the defendant was represented by or waived the right to an attorney in writing, relating to driving while intoxicated." Section 302.060.9, R.S.Mo.
Driver filed a petition for review in the Circuit Court of Cape Girardeau County, challenging the Director's decision under Section 302.311, R.S.Mo, and Chapter 536, R.S.Mo. Counsel for the Director filed an answer and a certified copy of the Director's administrative records. These records included Driver's Missouri Driver Record and court records relating to Driver's driving while intoxicated convictions, dated June 17, 2003, April 21, 1997, February 17, 1993, and June 26, 1984.
At the hearing on Driver's petition for review, the Director submitted the case solely on the above certified records. Driver did not present any evidence and objected to the Director's records, requesting additional time to brief his concerns. The trial court allowed Driver's request for additional time, but Driver failed to file any objections.
On February 13, 2004, the circuit court entered judgment affirming the denial of Driver's driving privileges for ten years. This appeal followed.
Standard of Review
This court will affirm the trial court's judgment unless there is no substantial evidence to support it, it is contrary to the weight of the evidence, or the court erroneously declared the law. Hinnah v. Dir. of Revenue, 77 S.W.3d 616, 620 (Mo. banc 2002). We accept as true all evidence and inferences in favor of the prevailing party and disregard contrary evidence. Kimber v. Dir. of Revenue, 817 S.W.2d 627, 630 (Mo.App. W.D.1991).
Discussion
In his sole point on appeal, Driver contends that the trial court erred in affirming the ten-year denial of his driving privileges because the Director failed to show the facts needed to support the denial under Section 302.060.9, R.S.Mo. More specifically, Driver claims that the records the Director relied on were never admitted into evidence and, even if considered, failed to show that Driver had more than two convictions for driving while intoxicated, pursuant to Section 302.060.9. The Director responds that she offered Driver's Missouri Driver Record, including his DWI convictions, into evidence, but the court did not specifically rule on admissibility. Moreover, the Director asserts that even if the records were not received into evidence, the denial of Driver's driving privileges should be affirmed because Driver failed to make the initial showing that he was qualified for a driver's license. Because we find Driver's claims of error are without merit, we affirm the trial court's judgment.
*2 We first dispose of Driver's assertion that the Director "failed to move for or have her records admitted into evidence....". The hearing transcript reveals that the Director offered the records into evidence. At the hearing, the trial court asked counsel for the Director: "Are you offering [the records] at this time?" And, counsel answered: "Yes, I am." Driver then made certain objections and asked that he be allowed additional time to file a brief. Driver, however, did not file written obj
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