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Greenwood v. Director of Revenue10/19/1999
s contention.
An appellate court will sustain the judgment of a trial court unless there is no substantial evidence to support it, it is against the weight of the evidence, it erroneously declares the law, or it erroneously applies the law. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo.banc 1976). In this case, the court below erroneously declared the law. The statute at issue provides that:
Where a license is suspended or revoked under this section and the person is also convicted on charges arising out of the same occurrence for a violation of section 577.010 or 577.012 RSMo, or for a violation of any county or municipal ordinance prohibiting driving while intoxicated or alcohol related traffic offense, both the suspension or revocation under this section and any other suspension or revocation under this chapter shall be imposed, but the period of suspension or revocation under sections 302.500 to 302.540 shall be credited against any other suspension or revocation imposed under this chapter, and the total period of suspension or revocation shall not exceed the longer of the two suspensions or revocation periods.
Section 302.525.4 RSMo 1994. Under this statute, only revocations imposed under sections 302.500 to 302.540 RSMo 1994 shall be credited against other revocations imposed under chapter 302. The revocation procedures outlined in sections 302.500 to 302.540 provide for revocations following the submission of chemical tests. Section 302.505 RSMo 1994. Refusal revocations, on the other hand, arise from section 577.041.3 RSMo 1994. Consequently, the above quoted statute does not provide for crediting of revocations imposed for refusing to submit to a chemical test.
In Brown v. Director, the driver refused to submit to a chemical test and his driver's license was revoked for one year. The license was also revoked for one year due to an accumulation of points on his license stemming from a DWI conviction. Brown v. Director, 772 S.W.2d 398, 399 (Mo.App. 1989). The Western District held, as we do in this case, that the revocation period served for the refusal to submit to the chemical test could not be credited towards the revocation period imposed for the accumulation of points. Id. at 401.
The order rescinding Mr. Greenwood's license revocation is reversed.
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