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State v. Conklin6/10/1999
Attached to Driver's petition was a document denominated "Missouri Driver's History" purporting to be Driver's record of convictions arising from operation of motor vehicles since June 6, 1989, together with the points assessed against his motor vehicle operator's license for those convictions. The document shows no alcohol related enforcement contact other than the incident that produced the suspension in issue here. Consequently, it appears Driver is eligible for the "restricted driving privilege" authorized by the above-quoted passage from subsection 2 of section 302.535. Inasmuch as that relief should spare Driver irreparable harm, this court holds Driver failed to satisfy the second element of the Celebrezze test, 812 F.2d at 290.
As to the third element of the Celebrezze test, Count II of Driver's petition proclaimed no one would be harmed by the Stay Order.
Apparently, the only information available to Respondent on that issue when Respondent issued the Stay Order was the record of Driver's convictions and points referred to above. The record shows four convictions for speeding and one for "stop sign" since June 6, 1989. While that record is not dreadful, it hardly guarantees no harm to others if Driver received carte blanche to drive while awaiting trial de novo. This court holds Driver failed to satisfy the third element of the Celebrezze test, 812 F.2d at 290.
The final element of the Celebrezze test is the public interest in granting a stay. The only averment on that subject in Count II of Driver's petition was that the public interest "would best be served by allowing [Driver] to continue in his livelihood" pending trial de novo.
Because it appears Driver is eligible for the "restricted driving privilege" authorized by subsection 2 of section 302.535, Driver should be able to "continue in his livelihood" without the Stay Order. This court holds Driver failed to satisfy the final element of the Celebrezze test, 812 F.2d at 290.
Having concluded Driver failed to demonstrate entitlement to the Stay Order, this court -- as did the Supreme Court in Gabbert, 925 S.W.2d 838 -- does not reach the constitutional issue raised by Driver.
Order
Pursuant to Rule 84.24(l), Missouri Rules of Civil Procedure (1999), this court orders that a peremptory writ in prohibition be issued commanding Respondent to vacate the Stay Order.
Separate Opinion: None
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