 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Hunt v. Director of Revenue8/3/1999
n establishes the method of enforcing rights and processing of legal action to enforce those rights, but does not impair a vested right, it is a procedural rule and applies retrospectively. See Declue v. Director of Revenue, 945 S.W.2d 684, 686 (Mo.App. E.D. 1997).
In Vilcek v. Director of Revenue, 974 S.W.2d 602, 604 (Mo.App. E.D. 1998) we held that 19 CSR 25-30.051 applies in place of 19 CSR 20-30.050 in cases where the effective date of the former falls in between the date of the driver's arrest and the date of his trial. The fact that the effective date of the latter also falls between the date of Driver's arrest and his trial is of no consequence, the more recent rule is the applicable rule. Therefore, we apply 19 CSR 25-30.051. In light of the application of 19 CSR 25-30.051, our decision in Fronabarger is distinguishable to the extent that it was decided while 19 CSR 20-30.050 was still the applicable rule and before 19 CSR 25-30.051 went into effect. See Fronabarger, 950 S.W.2d at 259. Accordingly, neither Fronabarger, nor 19 CSR 20-30.050(4) apply.
Since 19 CSR 20-30.050 and 19 CSR 25-30.051 are procedural and apply retrospectively, we must now determine whether the retrospective application of 19 CSR 20-30.050(4) is affected by the later activation of 19 CSR 25-30.051(4) which purports to amend the first rule so it would apply only from its effective date forward.
In interpreting administrative rules, we rely on the same principles of construction as those used in interpreting statutes. Trumble v. Director of Revenue, 985 S.W.2d 815, 819 (Mo.App. E.D. 1998). The primary rule of statutory construction is to ascertain the lawmaker's intent from the language used, and give effect to that intent, while considering the words used in their plain and ordinary meaning. Id. Where the language of the statute is clear and unambiguous, there is no room for construction. Jones v. Director of Revenue, 832 S.W.2d 516, 517 (Mo.banc 1992). The language of 19 CSR 25-30.051(4) indicates that maintenance reports which were completed prior to March 26, 1996, the day after the effective date of 19 CSR 25-30.050(4), shall be considered valid if done in accordance with the rules in effect at the time the reports were completed. When 19 CSR 25-30.051(4) went into effect in September, 1997, it was clearly and unambiguously intended to supercede the retrospective application of 19 CSR 20-30.050(4), limiting that rule's application to its effective date of March 25, 1996 and subsequent. Accordingly, because the maintenance report in question was completed prior to March 26, 1996, it is valid if done in compliance with 19 CSR 20-30.031(4), the rule in effect at the time it was completed, i.e. July 13, 1995. 19 CSR 25-30.051(4); See also 17 MoReg 1878.
The language of 19 CSR 20-30.031(4) does not require that a certificate of analysis be attached to maintenance reports, it requires only that specified forms be used to report maintenance checks on the various breath analyzer machines. 17 MoReg 1878. Director's maintenance report complies with the requirements of 19 CSR 20-30.031. Therefore, the trial court erroneously applied 19 CSR 25-30.051(4) and erroneously concluded the arresting officer did not have probable cause to arrest Driver. Accordingly, we reverse the trial court's judgment and remand for the trial court to reinstate the suspension of Driver's driving privileges.
Our Disposition of Director's first and second points on appeal makes it is unnecessary to consider her third point.
Judgment reversed and remanded with directions.
|