Section 302.311

Title XIX MOTOR VEHICLES, WATERCRAFT AND AVIATION

Chapter 302

Effective - 28 Aug 1951   

  302.311.  Suspension or revocation — appeals from — procedure. — In the event an application for a license is denied or withheld, or in the event that a license is suspended or revoked by the director, the applicant or licensee so aggrieved may appeal to the circuit court of the county of his residence in the manner provided by chapter 536 for the review of administrative decisions 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 de novo and the circuit court may order the director to grant such license, sustain the suspension or revocation by the director, set aside or modify the same, or revoke such license.  Appeals from the judgment of the circuit court may be taken as in civil cases.  The prosecuting attorney of the county where such appeal is taken, shall appear in behalf of the director, and prosecute or defend, as the case may require.

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(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.).