State ex rel. Director of Revenue v. McHenry

PRICE, Judge.

This is an original proceeding in prohibition arising from an order entered by the Circuit Court of Cole County (Circuit Court) staying the suspension of Bobby Newman George’s (George) driving privileges. We hold that § 302.525.2(1) precludes issuance of restricted driving privileges until after the driver has completed the first thirty days of suspension and that the Circuit Court exceeded its jurisdiction in entering the stay. Our preliminary order is made absolute.

George was arrested on October 4, 1992, for driving while intoxicated. A breath test indicated that George’s blood…