Johnston v. Director of Revenue

Nickey J. Johnston appeals the trial court’s order affirming the revocation of his driver’s license for refusing to submit to a chemical test. In his petition filed with the circuit court on June 23, 1992, Johnston stated that he received notice of the revocation on May 21, 1992.

He filed his petition after the 30-day deadline set by § 302.311, RSMo 1986.1 Late filing of a petition bars the trial court of jurisdiction. Randles v. Schaffner, 485 S.W.2d 1 (Mo.1972). Because the trial court lacked jurisdiction, its judgment was void. Romans v. Director of Revenue, 783 S.W.2d 894, 896 (Mo. banc…