Missouri § 302.535 - Trial de novo, conduct, venue, what judge may hear, when — restricted driving privilege, when, duration of.

§ 302.535. Trial de novo, conduct, venue, what judge may hear, when — restricted driving privilege, when, duration of.

1.  Any person aggrieved by a decision of the department may file a petition for trial de novo by the circuit court.  The burden of proof shall be on the state to adduce the evidence.  Such trial shall be conducted pursuant to the Missouri rules of civil procedure and not as an appeal of an administrative decision pursuant to chapter 536.  The petition shall be filed in the circuit court of the county where the arrest occurred.  The case shall be decided by the judge sitting without a jury.  Until January 1, 2002, the presiding judge of the circuit court may assign a traffic judge, pursuant to section 479.500, RSMo 1994, a circuit judge or an associate circuit judge to hear such petition.  After January 1, 2002, pursuant to local court rule pursuant to Article V, Section 15 of the Missouri Constitution, the case may be assigned to a circuit judge or an associate circuit judge, or to a traffic judge pursuant to section 479.500.

2.  The filing of a petition for trial de novo shall not result in a stay of the suspension or revocation order.  A restricted driving privilege as defined in section 302.010 shall be issued in accordance with subsection 2 of section 302.525, if the person's driving record shows no prior alcohol-related enforcement contact during the immediately preceding five years.  Such restricted driving privilege shall terminate on the date of the disposition 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 driving privilege, the department shall consider the number and the seriousness of prior convictions 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 construed 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 license.

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(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).

---- end of effective  28 Aug 2002 ----

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