 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Sterneker v. Director of Revenue8/10/1999
The only boundaries which the General Assembly set in section 302.510 which are pertinent to this case concerning the arresting officer is that he must be certified by the Department of Safety's director and must be arresting for a violation of a municipal ordinance. Hamilton was certified and was arresting Sterneker for a violation of a Gallatin municipal ordinance. Were we to add to section 302.510 the requirements which the circuit court imposed, we would, in effect, be rewriting the statute. Because revocation of a driving license is a matter solely of statutory creation, the courts must follow the method provided by the General Assembly in Chapter 302, if it is adequate.
Sterneker does not contend that the procedures established in section 302.510 violated his due process rights or were inadequate in any other way. Indeed, the Supreme Court has ruled that the procedures in Chapter 302 are adequate to meet constitutional requirements of due process and equal protection. Riche, 987 S.W.2d at 336-37; Stewart v. Director of Revenue, 702 S.W.2d 472, 475 (Mo. banc 1986).
Sterneker's violation occurred inside Gallatin city limits. Hamilton, a certified law enforcement officer, endeavored to stop Sterneker's vehicle for speeding inside the city limits. Sterneker did not stop immediately; he drove his vehicle more than three miles before stopping outside the city limits. Hamilton had probable cause to arrest Sterneker for driving while intoxicated. Sterneker agreed to submit to a breath test which indicated that his blood alcohol concentration was .173 percent. From these facts, we do not discern any barrier to the director's revoking Sterneker's driving license.
The circuit court, therefore, erred in overturning the director's decision. We reverse the circuit court's judgment and order the reinstatement of the director's revocation.
Separate Opinion:
None
Page 1 2 3 Missouri DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|