Feldmann v. McNeill

Appellant (Director) appeals from the judgment of the trial court granting a petition for review by respondent (Driver) and enjoining Director from revoking driver’s operating license. We reverse.

On March 31, 1988, Director mailed a notice to Driver that his driving privileges in Missouri would be revoked for a period of one year beginning May 13, 1988, for failure to take a chemical test. Driver filed his petition for review on July 28, 1988, 116 days after notice is presumed to have been received by Driver. See Section 302.515.2, RSMo (1986). On November 21, 1988, an Assistant Prosecuting…