302.515. Notice of suspension or revocation by department — deemed received, when — contents. — 1. Upon receipt of the report of the law enforcement officer, the department shall make the determination described in section 302.505. If the department determines that the person is subject to license suspension or revocation, and if notice of suspension or revocation has not already been served upon the person by the enforcement officer as required in section 302.520, the department shall issue a notice of suspension or revocation.
2. The notice of suspension or revocation shall be mailed to the person at the last known address shown on the department's records, and to the address provided by the enforcement officer's report if that address differs from the address of record. The notice is deemed received three days after mailing, unless returned by postal authorities.
3. The notice of suspension or revocation shall clearly specify the reason and statutory grounds for the suspension or revocation, the effective date of the suspension or revocation, the right of the person to request a hearing, the procedure for requesting a hearing, and the date by which that request for a hearing must be made.
Notes of Decisions
Cited in
23
cases (
1 in the last 5 years), 1985–2023 · leading case:
Session v. Dir. of Revenue, 417 S.W.3d 898 (Mo. Ct. App. 2014).
Session v. Dir. of Revenue, 417 S.W.3d 898 (Mo. Ct. App. 2014).
· cites it 12× “We find Section 302.515 inapplicable to Section 303.”
Whitelaw v. Dir. of Revenue, 73 S.W.3d 731 (Mo. Ct. App. 2002).
· cites it 10× “Section 302.515 applies only to notices issued by the department to a person who had not already been served by the arresting officer as provided in section 302.”
Webb v. Dir. of Revenue, 71 S.W.3d 207 (Mo. Ct. App. 2002).
· cites it 8× “Section 302.515 provides that the department shall issue a notice of suspension “[i]f the department determines that the person is subject to license suspension or revocation, and if notice of suspension or revocation has not already been served upon the person by the…”
Robinson v. Dir. of Revenue, 32 S.W.3d 148 (Mo. Ct. App. 2000).
· cites it 5× “520, RSMo 1994, or is deemed to have received notice by mail as provided in § 302.515, RSMo 1994. Section 302.520.1 states that an arresting officer is to serve notice on the arrested person, on behalf of the Department of Revenue, that the person’s Missouri driving privileges…”
Arth v. Dir. of Revenue, 722 S.W.2d 606 (Mo. 1987).
· cites it 4× “13 of one percent, the Department issued Arth a notice of suspension of his driver's license, pursuant to § 302.515, RSMo Cum.Supp. 1984. Arth requested a hearing to review the Department's determination, pursuant to § 302.”
Filla v. Dir. of Revenue, 873 S.W.2d 325 (Mo. Ct. App. 1994).
· cites it 7× “Driver further argues that the arresting officer was in violation of § 302.515 RSMo 1986, because he failed to ask Driver her current address.”
Schranz v. Dir. of Revenue, 703 S.W.2d 912 (Mo. Ct. App. 1986).
“1 and held that probable cause for an arrest leading to a license suspension under § 302.515 may only be supported if, at the moment of arrest, the determination has been made that the arrestee’s blood alcohol content is at least .”
Welch v. Dir. of Revenue, 859 S.W.2d 230 (Mo. Ct. App. 1993).
· cites it 2× “§ 302.515, RSMo 1986. In the case at bar, the Director mailed notice to Welch on May 14; therefore, Welch had until June 13 to file a petition within the thirty-day jurisdictional limit.”
Pelloquin v. Dir. of Revenue, 894 S.W.2d 235 (Mo. Ct. App. 1995).
· cites it 4× “311, quoted above, § 302.515, RSMo 1986, provides an additional three days for filing.”
State Ex Rel. Dir. of Revenue, State of Missouri v. Rauch, 971 S.W.2d 350 (Mo. Ct. App. 1998).
· cites it 2× “On behalf of respondent, petitioner contends that her petition for review was timely because the notice of revocation was mailed on January 9, 1997, and if three days were added for mailing pursuant to Section 302.515 and Rule 44.01(e), her petition for review was timely filed…”
Lane v. Dir. of Revenue, 212 S.W.3d 169 (Mo. Ct. App. 2007).
· cites it 6× “Section 302.515 provides that the Department of Revenue “shall issue a notice of suspension ‘[i]f the department determines that the person is subject to license suspension or revocation, and if notice of suspension or revocation has not already been served upon the person by…”
Vetter v. King, 691 S.W.2d 255 (Mo. 1985).
· cites it 2× “Vetter was served with notice of license suspension pursuant to § 302.515, RSMo Cum.Supp.1984. Suspension of his license was later upheld in an *257 administrative hearing, and Vetter petitioned for a trial de novo in circuit court.”
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