Benbrook v. Director of Revenue

CRIST, Judge.

The Director of Revenue (Director) appeals from the decision of the Circuit Court of St. Charles County to reinstate the driver’s license of Thomas Benbrook (Driver) after it was revoked for his failure to submit to a chemical test, § 577.041, RSMo Supp. 1993. We reverse and remand with directions.

On April 2, 1993, Director mailed notice to Driver of its intention to revoke his operator’s license for one year for his failure to submit to a chemical test. On May 5, 1993, thirty-three days later, Driver filed a petition with the trial court requesting it review the Director’s…