Thomas Francis Benbrook v. Director

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of the Circuit Court of St. Charles County to reinstate the driver's license of Thomas Benbrook (Driver) after it was revoked for his failure to submit to a chemical test, § 577.041 RSMo Supp. 1993.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 decision. In that petition, Driver admitted he had received by mail notice of revocation dated April 2, 1993. On June 7, 1993, Director filed a motion to dismiss Driver's petition. Director contended the trial court was without subject matter jurisdiction to consider the petition because it had not been filed within thirty days of the mailing of the notice of revocation. The trial court denied Director's motion to dismiss, finding Supreme Court Rule 44.01(e) extended the period of thirty days by three additional days. On August 18, 1993, an assistant prosecuting attorney for St. Charles County confessed judgment in the case and the court ordered the revocation rescinded.