Smith v. State

MANFORD, Judge.

This appeal follows a judgment of denial of an application for limited driving privileges pursuant to § 302.309, RSMo 1978. The judgment is reversed with directions.

Appellant’s sole point charges that the trial court erred in denying his application for limited driving privileges because his two convictions for driving while intoxicated did not occur within a ten or five year period prior to his application, and hence the trial court misconstrued and misapplied the statute.

The facts were not disputed by respondent at trial, and furthermore, respondent has not even bothered to…