302.500. Definitions. — As used in sections 302.500 to 302.540, the following terms mean:
(1) "Alcohol concentration", the amount of alcohol in a person's blood at the time of the act alleged as shown by chemical analysis of the person's blood, breath, saliva or urine;
(2) "Department", the department of revenue of the state of Missouri;
(3) "Director", the director of the department of revenue or his or her authorized representative;
(4) "Driver's license" or "license", a license, permit, or privilege to drive a motor vehicle issued under or granted by the laws of this state. The term includes any temporary license or instruction permit, any nonresident operating privilege, and the privilege of any person to drive a motor vehicle whether or not the person holds a valid license;
(5) "Revocation", the termination by formal action of the department of a person's license. A revoked license is not subject to renewal or restoration except that an application for a new license may be presented and acted upon by the department after the expiration of the revocation period;
(6) "State", a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any province of Canada;
(7) "Suspension", the temporary withdrawal by formal action of the department of a person's license. The suspension shall be for a period specifically designated by the department pursuant to the provisions of sections 302.500 to 302.540.
Notes of Decisions
Baldwin v. Dir. of Revenue, 38 S.W.3d 401 (Mo. 2001).
· cites it 16× “ovided: The department shall suspend or revoke the license of any person upon its determination that the person was arrested upon probable cause to believe he was driving a motor vehicle while the alcohol concentration in the person's blood or breath was ten-hundredths of one…”
Collins v. Dir. of Revenue, 691 S.W.2d 246 (Mo. 1985).
· cites it 4× “as follows: The department shall suspend the license of any person upon its determination that the person was arrested upon probable cause to believe he was driving a motor vehicle while the alcohol concentration in the person's blood or breath was thirteen-hundredths of one…”
Bone v. Dir. of Revenue, 404 S.W.3d 883 (Mo. 2013).
· cites it 9× “In the driver’s trial de novo hearing challenging the suspension of his license, the trial court ruled that sections 302.500 2 and 302.700 violated the United States Constitution based on the recent decision of National Federation of Independent Business v.”
State v. Martin, 103 S.W.3d 255 (Mo. Ct. App. 2003).
· cites it 4× “For purposes of this section, “alcohol related enforcement contacts” shall include any suspension or revocation under sections 302.500 to 302.540, any suspension or revocation entered in this or any other state for a refusal to submit to chemical testing under an implied consent…”
State v. Mayo, 915 S.W.2d 758 (Mo. 1996).
· cites it 4× “The Director, in a separate administrative action, revoked Mayo’s driver’s license for one year effective December 4, 1994, pursuant to § 302.500, RSMo 1994, et seq. Thereafter, on March 3, 1995, Mayo filed a motion to dismiss the criminal proceeding.”
Nelson v. State, 250 S.W.3d 386 (Mo. Ct. App. 2008).
· cites it 8× “Missouri law does define the term "driver’s license” or "license,” as used in Sections 302.500 to 302.540: a license, permit, or privilege to drive a motor vehicle issued under or granted by the laws of this state.”
Stewart v. Dir. of Revenue, 702 S.W.2d 472 (Mo. 1986).
· cites it 3× “Appellant makes the following challenges to the constitutionality of the procedures pertaining to administrative suspension of driving privileges set forth in §§ 302.500 et seq.: that the suspension procedures create an arbitrary and unreasonable classification in violation of…”
Dalton v. McNeill, 713 S.W.2d 26 (Mo. Ct. App. 1986).
· cites it 11× “His license to drive was suspended under the procedures of §§ 302.500 to 302.540, RSMo Cum.Supp.1984, and Dalton appeals the af-firmance of the order of suspension on trial de novo.”
Sellenriek v. Dir. of Revenue, 826 S.W.2d 338 (Mo. 1992).
· cites it 2× “In each, a petition was filed in the circuit court seeking de novo review of the Department of Revenue’s suspension of driving privileges pursuant to § 302.500, et seq.. 1 In each case the license was ordered reinstated.”
Riche v. Dir. of Revenue, 987 S.W.2d 331 (Mo. 1999).
· cites it 2× “hich provides: The department shall suspend or revoke the license of any person upon its determination that the person was arrested upon probable cause to believe such person was driving a motor vehicle while the alcohol concentration in the person’s blood, breath, or urine was…”
House v. Dir. of Revenue, 997 S.W.2d 135 (Mo. Ct. App. 1999).
· cites it 4× “500(4), RSMo 1994, provides that as used in sections 302.500 to 302.540, the term "license” means "a license, permit, or privilege to drive a motor vehicle issued under or granted by the laws of this state.”
Peters v. Dir. of Revenue, 35 S.W.3d 891 (Mo. Ct. App. 2001).
· cites it 2× “Subsequent to Peters’ arrest, the Director of Revenue notified Peters’ of the Director’s intent to revoke Peters’ Missouri driver’s license for a thirty-day period commencing July 6, 1999, under § 302.500, RSMo Supp.1998. On July 1, 1999, pursuant to § 302.”
— Mo. Rev. Stat. § 302.500(1) — 2 cases
State v. Martin, 103 S.W.3d 255 (Mo. Ct. App. 2003).
“For purposes of this section, “alcohol related enforcement contacts” shall include any suspension or revocation under sections 302.500 to 302.540, any suspension or revocation entered in this or any other state for a refusal to submit to chemical testing under an implied consent…”
— Mo. Rev. Stat. § 302.500(10) — 1 case
— Mo. Rev. Stat. § 302.500(4) — 2 cases
Nelson v. State, 250 S.W.3d 386 (Mo. Ct. App. 2008).
“Missouri law does define the term "driver’s license” or "license,” as used in Sections 302.500 to 302.540: a license, permit, or privilege to drive a motor vehicle issued under or granted by the laws of this state.”
House v. Dir. of Revenue, 997 S.W.2d 135 (Mo. Ct. App. 1999).
“500(4), RSMo 1994, provides that as used in sections 302.500 to 302.540, the term "license” means "a license, permit, or privilege to drive a motor vehicle issued under or granted by the laws of this state.”
— Mo. Rev. Stat. § 302.500(5) — 2 cases
— Mo. Rev. Stat. § 302.500(7) — 5 cases
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