Trial de novo, conduct, venue, what judge may hear,when--restricted driving privilege, when, duration of.
302.535. 1. Any person aggrieved by a decision of the department mayfile a petition for trial de novo by the circuit court. The burden ofproof shall be on the state to adduce the evidence. Such trial shall beconducted pursuant to the Missouri rules of civil procedure and not as anappeal of an administrative decision pursuant to chapter 536, RSMo. Thepetition shall be filed in the circuit court of the county where the arrestoccurred. The case shall be decided by the judge sitting without a jury.Until January 1, 2002, the presiding judge of the circuit court may assigna traffic judge, pursuant to section 479.500, RSMo 1994, a circuit judge oran associate circuit judge to hear such petition. After January 1, 2002,pursuant to local court rule pursuant to article V, section 15 of theMissouri Constitution, the case may be assigned to a circuit judge or anassociate circuit judge, or to a traffic judge pursuant to section 479.500,RSMo.
2. The filing of a petition for trial de novo shall not result in astay of the suspension or revocation order. A restricted driving privilegeas defined in section 302.010 shall be issued in accordance with subsection2 of section 302.525, if the person's driving record shows no prioralcohol-related enforcement contact during the immediately preceding fiveyears. Such restricted driving privilege shall terminate on the date ofthe disposition of the petition for trial de novo.
3. In addition to the restricted driving privilege as permitted insubsection 2 of this section, the department may upon the filing of apetition for trial de novo issue a restricted driving privilege as definedin section 302.010. In determining whether to issue such a restrictivedriving privilege, the department shall consider the number and theseriousness of prior convictions and the entire driving record of thedriver.
4. Such time of restricted driving privilege pending disposition oftrial de novo shall be counted toward any time of restricted drivingprivilege imposed pursuant to section 302.525. Nothing in this subsectionshall be construed to prevent a person from maintaining his restricteddriving privilege for an additional sixty days in order to meet theconditions imposed by section 302.540 for reinstating a person's driver'slicense.
(2003) In trial de novo, once Director of Revenue makes prima facie showing of probable cause of DWI, driver is entitled to present rebuttal evidence which should challenge presumption of validity established by prima facie case, but driver's burden is one of production rather than persuasion. Verdoorn v. Director of Revenue, 119 S.W.3d 543 (Mo.banc).
Trial de novo, conduct, venue, what judge may hear,when--restricted driving privilege, when, duration of.
302.535. 1. Any person aggrieved by a decision of the department mayfile a petition for trial de novo by the circuit court. The burden ofproof shall be on the state to adduce the evidence. Such trial shall beconducted pursuant to the Missouri rules of civil procedure and not as anappeal of an administrative decision pursuant to chapter 536, RSMo. Thepetition shall be filed in the circuit court of the county where the arrestoccurred. The case shall be decided by the judge sitting without a jury.Until January 1, 2002, the presiding judge of the circuit court may assigna traffic judge, pursuant to section 479.500, RSMo 1994, a circuit judge oran associate circuit judge to hear such petition. After January 1, 2002,pursuant to local court rule pursuant to article V, section 15 of theMissouri Constitution, the case may be assigned to a circuit judge or anassociate circuit judge, or to a traffic judge pursuant to section 479.500,RSMo.
2. The filing of a petition for trial de novo shall not result in astay of the suspension or revocation order. A restricted driving privilegeas defined in section 302.010 shall be issued in accordance with subsection2 of section 302.525, if the person's driving record shows no prioralcohol-related enforcement contact during the immediately preceding fiveyears. Such restricted driving privilege shall terminate on the date ofthe disposition of the petition for trial de novo.
3. In addition to the restricted driving privilege as permitted insubsection 2 of this section, the department may upon the filing of apetition for trial de novo issue a restricted driving privilege as definedin section 302.010. In determining whether to issue such a restrictivedriving privilege, the department shall consider the number and theseriousness of prior convictions and the entire driving record of thedriver.
4. Such time of restricted driving privilege pending disposition oftrial de novo shall be counted toward any time of restricted drivingprivilege imposed pursuant to section 302.525. Nothing in this subsectionshall be construed to prevent a person from maintaining his restricteddriving privilege for an additional sixty days in order to meet theconditions imposed by section 302.540 for reinstating a person's driver'slicense.
(2003) In trial de novo, once Director of Revenue makes prima facie showing of probable cause of DWI, driver is entitled to present rebuttal evidence which should challenge presumption of validity established by prima facie case, but driver's burden is one of production rather than persuasion. Verdoorn v. Director of Revenue, 119 S.W.3d 543 (Mo.banc).
Trial de novo, conduct, venue, what judge may hear,when--restricted driving privilege, when, duration of.
302.535. 1. Any person aggrieved by a decision of the department mayfile a petition for trial de novo by the circuit court. The burden ofproof shall be on the state to adduce the evidence. Such trial shall beconducted pursuant to the Missouri rules of civil procedure and not as anappeal of an administrative decision pursuant to chapter 536, RSMo. Thepetition shall be filed in the circuit court of the county where the arrestoccurred. The case shall be decided by the judge sitting without a jury.Until January 1, 2002, the presiding judge of the circuit court may assigna traffic judge, pursuant to section 479.500, RSMo 1994, a circuit judge oran associate circuit judge to hear such petition. After January 1, 2002,pursuant to local court rule pursuant to article V, section 15 of theMissouri Constitution, the case may be assigned to a circuit judge or anassociate circuit judge, or to a traffic judge pursuant to section 479.500,RSMo.
2. The filing of a petition for trial de novo shall not result in astay of the suspension or revocation order. A restricted driving privilegeas defined in section 302.010 shall be issued in accordance with subsection2 of section 302.525, if the person's driving record shows no prioralcohol-related enforcement contact during the immediately preceding fiveyears. Such restricted driving privilege shall terminate on the date ofthe disposition of the petition for trial de novo.
3. In addition to the restricted driving privilege as permitted insubsection 2 of this section, the department may upon the filing of apetition for trial de novo issue a restricted driving privilege as definedin section 302.010. In determining whether to issue such a restrictivedriving privilege, the department shall consider the number and theseriousness of prior convictions and the entire driving record of thedriver.
4. Such time of restricted driving privilege pending disposition oftrial de novo shall be counted toward any time of restricted drivingprivilege imposed pursuant to section 302.525. Nothing in this subsectionshall be construed to prevent a person from maintaining his restricteddriving privilege for an additional sixty days in order to meet theconditions imposed by section 302.540 for reinstating a person's driver'slicense.
(2003) In trial de novo, once Director of Revenue makes prima facie showing of probable cause of DWI, driver is entitled to present rebuttal evidence which should challenge presumption of validity established by prima facie case, but driver's burden is one of production rather than persuasion. Verdoorn v. Director of Revenue, 119 S.W.3d 543 (Mo.banc).
