Trial de novo, conduct, venue, what judge may hear, when
If someone disagrees with a decision made by the department about their license, they can ask a court to look at the case fresh, like a brand new trial. The state has to prove its case. While waiting for that court decision, the license suspension or revocation stays in place — it does not pause. But in some cases, the person may be allowed a restricted driving privilege while they wait. That restricted privilege ends when the court makes its decision.
302.535. , conduct, , what judge may hear, when — , when, duration of. — 1. Any by a decision of the may file a for trial de novo by the . The shall be on the state to the evidence. Such trial shall be conducted the and not as an of an pursuant to . The petition shall be filed in the circuit court of the county where the occurred. The case shall be decided by the judge sitting without a jury. Until January 1, 2002, the of the circuit court may a traffic judge, pursuant to section 479.500, RSMo 1994, a or an to hear such petition. After January 1, 2002, pursuant to local court pursuant to Article V, Section 15 of the Missouri Constitution, the case may be to a circuit judge or an associate circuit judge, or to a traffic judge pursuant to section 479.500.
2. The of a petition for trial de novo shall not result in a of the or . A restricted driving privilege as defined in section 302.010 shall be d in accordance with 2 of section 302.525, if the person's driving shows no during the immediately preceding five years. Such restricted driving privilege shall terminate on the date of the of the petition for trial de novo.
3. In addition to the restricted driving privilege as permitted in subsection 2 of this section, the department may upon the filing of a petition for trial de novo issue a restricted driving privilege as defined in section 302.010. In determining whether to issue such a restrictive , the department shall consider the number and the seriousness of prior and the entire driving record of the driver.
4. Such time of restricted driving privilege pending disposition of trial de novo shall be counted toward any time of restricted driving privilege imposed pursuant to section 302.525. Nothing in this subsection shall be to prevent a person from maintaining his restricted driving privilege for an additional sixty days in order to meet the conditions imposed by section 302.540 for reinstating a person's driver's .
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Source & history notes
(L. 1983 S.B. 318 & 135 § 9, A.L. 1984 S.B. 608 & 681, A.L. 1996 H.B. 1169 & 1271 merged with S.B. 722, A.L. 2001 H.B. 302 & 38, A.L. 2002 H.B. 2062) (2010) On petition for judicial review of an administrative suspension by the Director of Revenue of a motorist's license to drive, based on blood alcohol content violation, Director has burden of production and burden of persuasion; rules of civil procedure govern the trial de novo. White v. Director of Revenue, 321 S.W.3d 298 (Mo.banc).
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.