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Lane v. Director of Revenue7/13/1999
convictions arising from violations of state law, section 302.060(9) does not require that a defendant be represented by an attorney or waive that right. McDonald v. Director of Revenue, 985 S.W.2d 375, 377 (Mo. App. S.D. 1999); Deline v. Director of Revenue, 941 S.W.2d 818, 820 (Mo. App. W.D. 1997); Eaton v. Director of Revenue, 929 S.W.2d 282, 285 (Mo. App. S.D. 1996). See also, State v. Sparks, 916 S.W.2d 234, 236 (Mo. App. E.D. 1995). The provisions of Subsection (9) after "state law" are for the benefit of a licensee who is charged with violating County or Municipal ordinances. This Conclusion is based on the fact that state law already requires that prior state convictions were in fact counseled or the defendant waived that right. Eaton, 929 S.W.2d at 285. Furthermore, as pointed out in McDonald, this Conclusion is further buttressed by a legislative amendment to section 302.060(9) in 1996, which added a comma after "state law." McDonald, 985 S.W.2d at 376 n.1. Therefore, to the extent the trial court viewed section 302.060(9) as requiring a defendant to be represented by counsel, or waive that right, in cases involving convictions of state law, it misapplied the law.
In response, Driver argues that there is no evidence adduced at the hearing to show that he had any DWI convictions, because Director failed to appear at the hearing and offered no evidence.
The Southern District of this court in Eaton v. Director of Revenue, 929 S.W.2d 282 (Mo. App. S.D. 1996), reviewed a case where Director failed to appear at the de novo hearing and only licensee presented the only evidence. Licensee argued that Director failed to present evidence that in each of his convictions he was represented by counsel or waived that right. Id. at 285. Relying on White v. King, 700 S.W.2d 152 (Mo. App. 1985), the Court found that Eaton's "prior convictions, unchallenged by appeal or other timely remedies to avoid the judgments, result in their remaining intact as a prima facie adjudication." Id. Relying on the "fact" of Eaton's prior DWI convictions, the court reversed the trial court's decision enjoining Director from denying Driver a license. Id. We conclude the records filed by Director and not disputed by Driver, of prior state DWI convictions were sufficient, although those records were never formally introduced into evidence at trial. Compare, McDonald, 985 S.W.2d at 377 (appellate court relied upon certified copies of the driver's traffic ticket filed with the court prior to trial to support a finding that the conviction was for a violation of state law).
Finally, Driver argues the records from Stoddard County fail to show the court made a finding of guilty. The records support a finding Driver pleaded guilty and was assessed a fine of $100. Furthermore, Driver's driving record with the Department of Revenue records a conviction on 9/14/77.
The trial court erred in setting aside the ten-year denial of Driver's driving privileges. The judgment is reversed. We remand for reinstatement of the decision of the Director.
Separate Opinion:
None
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