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Justis v. Wilson5/31/2000
ceived sufficient notice under section 302.304.1, even though the notice to Mr. Justis of his revocation incorrectly listed a DWI conviction, rather than a BAC conviction. This court agrees. Section 302.304.1 states that, "The director shall notify by ordinary mail any operator of the point value charged against the operator's record when the record shows four or more points have been accumulated in a twelve-month period." The Director complied with the statute because the notice to Mr. Justis properly informed him of the point value charged against his record. Of greater significance, however, is the fact that Mr. Justis did not challenge the revocation of his license on the basis of inadequate notice either in the circuit court or on appeal, so no further discussion of the adequacy of the notice is necessary.
Conclusion
This court finds that the Director presented competent and substantial evidence that Mr. Justis's conviction for BAC resulted in the assessment of twelve points under section 302.302.1, and that, as a matter of law, his license should be revoked for a period of one year. Accordingly, this court reverses the judgment and remands the cause to the circuit court for the entry of an order sustaining the revocation of Mr. Justis's driver's license for point accumulation.
All concur.
Separate Opinion: None
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