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Kayser v. Director Of Revenue7/18/2000
Appeal From: Circuit Court of St. Charles County, Hon. Lucy D. Rauch
Opinion Vote: REVERSED AND REMANDED WITH INSTRUCTIONS. Knaup Crane, P.J., and Sullivan, J., concur.
Opinion:
The Director of Revenue (Director) appeals from the circuit court's judgment setting aside the Director's ten-year denial of Thomas Joseph Kayser's (Driver) driving privilege and the circuit court's order to expunge Driver's 1981 driving while intoxicated (DWI) conviction from his driving record. The Director contends the circuit court erred in setting aside the ten-year denial of Driver's driving privilege because Driver could not collaterally attack his prior 1981 Phelps County DWI conviction in the administrative driver's license action. The Director further asserts the circuit court erred in ordering the expungement of all records relating to Driver's 1981 Phelps County DWI conviction because the circuit court lacked jurisdiction in that Driver did not seek expungement in his petition and did not plead a statute authorizing the expungement of that conviction. We reverse and remand.
The Director issued a ten-year denial of Driver's driving privilege under Section 302.060(9), RSMo Cum. Supp. 1998, because Driver had more than twice been convicted of DWI. The denial period was effective beginning March 25, 1998, to continue through January 8, 2008, ten years from Driver's last DWI conviction.
Driver filed a petition for review in the circuit court contesting the Director's ten-year denial. In his petition, Driver acknowledged the Director of Revenue records showed he had been convicted of a DWI on March 27, 1981, October 26, 1988, and January 8, 1998. However, Driver requested that the ten-year denial be set aside because he either was not properly advised of his rights or did not knowingly waive his rights when he received these convictions. Driver asked the circuit court to order the Director to only impose a one-year revocation based on his latest DWI conviction. Driver's petition requested no other relief.
On March 22, 1999, the circuit court held a de novo hearing on Driver's petition for review. Driver's Missouri driving record and related documents were offered into evidence without objection. Driver's record showed and Driver acknowledged records of his DWI convictions under state law on March 27, 1981, in Phelps County; October 26, 1988, in St. Louis City; and January 8, 1998, in St. Charles County. Driver's driving record also showed he had two other municipal DWI convictions on May 20, 1981, in Florissant and September 6, 1978, in Florissant. At the hearing, Driver challenged only the 1981 Phelps County DWI conviction. Driver testified that although he had received a ticket in Phelps County in 1981 for DWI and posted a $100 bond, he never appeared in court, signed a guilty plea, retained or waived counsel, waived his appearance in court, entered a plea of guilty by mail, nor authorized the use of any bond money in lieu of punishment in writing or otherwise.
Following the hearing, the circuit court entered a judgment setting aside the Director's ten-year denial of Driver's driving privilege because with regards to the 1981 Phelps County DWI conviction Driver "never was represented by counsel, never appeared in court, never entered a plea of guilty nor ever waived any of his rights to be represented or to answer the charge." In addition, the circuit court also ordered all records of Driver's 1981 Phelps County DWI conviction expunged from his driving record. The Director now appeals.
Our standard of review is governed by Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976). The circuit court's decision will be affirmed unless t
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