Section 1.10 Timeliness of Petition
| Library | DWI 2014 |
A petition for review of a chemical refusal revocation must be filed within 30 days of issuance of the notice. Section 302.311, RSMo 2000. The circuit court lacks subject matter jurisdiction to enter its judgment when the petition for review is filed after the 30 days. See:
- Burt v. Dir. of Revenue,208 S.W.3d 319 (Mo. App. E.D. 2006)
- Grate v. Dir. of Revenue,932 S.W.2d 918 (Mo. App. W.D. 1996)
- Lewis v. Dir. of Revenue, State of Mo.,916 S.W.2d 856 (Mo. App. S.D. 1996)
Therefore, counsel should expect to...
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