Mansheim v. Director of Revenue
357 S.W.3d 273
| Mo. Ct. App. | 2012Background
- Driver Mansheim had multiple alcohol-related driving violations resulting in license suspension/revocation beginning in 1998.
- In 2002 Driver was convicted of DWI, driving while revoked, improper lane violations, and later DWI, leaving scene of an accident, and careless driving.
- The Director issued a ten-year denial of privileges under Section 302.060(9) after more than two DWIs and a 26-point tally.
- On December 8, 2010, Driver petitioned in circuit court for limited driving privileges under Section 802.809.
- The Director moved to dismiss, arguing Driver was statutorily ineligible under Section 302.309.3(6)(d) for leaving the scene.
- The Commissioner denied the motion to dismiss; the trial court granted Driver limited driving privileges in March 2011, which the Director appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Driver ineligible for limited driving privileges due to leaving scene revocation? | Director argues 302.309.3(6)(d) bars eligibility. | Driver argues 6(d) bars ineligibility only during the revocation period. | Yes; Driver is ineligible; court lacked authority. |
| Does the statute allow a circuit court to grant privileges when ineligibility exists under 302.309.3(6)? | Director asserts no authority to grant privileges when ineligible. | Driver contends court may review under remedial statute despite ineligibility. | Court lacks authority to grant privileges. |
Key Cases Cited
- Hagan v. Dir. of Revenue, 968 S.W.2d 704 (Mo. banc 1998) (remedial nature; time considerations not read into statute)
- Ash, 173 S.W.3d 388 (Mo.App. E.D.2005) (statutory ineligibility framework for limited privileges)
- Mobley, 49 S.W.3d 178 (Mo. banc 2001) (lack of authority when statutorily ineligible)
- Hyde, 295 S.W.3d 918 (Mo.App. E.D.2009) (inability to grant privileges under ineligibility rule)
- Kinker, 209 S.W.3d 1 (Mo.App. E.D.2006) (statutory framework for limited driving privileges)
- Harris v. Dir. of Revenue, 132 S.W.3d 897 (Mo.App. S.D.2004) (public policy in interpreting hardship privileges)
- Wyciskalla (J.C.W. ex rel Webb v. Wyciskalla), 275 S.W.3d 249 (Mo. banc 2009) (jurisdiction vs. authority under statutory limits)