Suspension or revocation
If the state denies, suspends, or takes away someone's driver's license, that person can fight the decision in court. They have 30 days after getting the notice to appeal. A judge will look at the whole case fresh and can agree with the state, change the decision, or give the license back. A local prosecutor will represent the state's side in court.
302.311. or — s from — procedure. — In the event an for a is denied or withheld, or in the event that a license is or by the , the or so may appeal to the of the county of his residence in the manner provided by for the of at any time within thirty days after notice that a license is denied or withheld or that a license is suspended or revoked. Upon such appeal the cause shall be heard and the circuit court may the director to such license, the suspension or revocation by the director, or the same, or such license. Appeals from the of the circuit court may be taken as in . The of the county where such appeal is taken, shall appear in behalf of the director, and or defend, as the case may require.
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Source & history notes
(L. 1951 p. 678 § 302.310) (1964) The director of revenue is a necessary party to any appeal authorized by section 302.311 taken from a driver's or chauffeur's license suspension or revocation order of the director of revenue and his absence in such an action is jurisdictional to such an extent that it must be considered by an appellate court though not ruled on by trial court. Shepherd v. Dept. of Revenue (A.), 377 S.W.2d 525. (1972) Failure to appeal to circuit court within thirty days after notice of revocation deprived trial court of jurisdiction. Randles v. Schaffner (Mo.), 485 S.W.2d 1. (1998) Thirty-day period referred to in this statute begins to run on date of mailing of administrative decision. Gilbert v. Director of Revenue, 974 S.W.2d 655 (E.D.Mo.).
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.