302.520. Arresting officer to serve notice of suspension or revocation, when — to possess license, issue temporary permit, give written notice of driver's rights and responsibilities — application for hearing. — 1. Whenever the chemical test results are available to the law enforcement officer while the arrested person is still in custody, and where the results show an alcohol concentration of eight-hundredths of one percent or more by weight of alcohol in such person's blood or where such person is less than twenty-one years of age and the results show that there is two-hundredths of one percent or more of alcohol in the person's blood, the officer, acting on behalf of the department, shall serve the notice of suspension or revocation personally on the arrested person.
2. When the law enforcement officer serves the notice of suspension or revocation, the officer shall take possession of any driver's license issued by this state which is held by the person. When the officer takes possession of a valid driver's license issued by this state, the officer, acting on behalf of the department, shall issue a temporary permit which is valid for fifteen days after its date of issuance and shall also give the person arrested a notice which shall inform the person of all rights and responsibilities pursuant to sections 302.500 to 302.540. The notice shall be in such form so that the arrested person may sign the original as evidence of receipt thereof. The notice shall also contain a detachable form permitting the arrested person to request a hearing. Signing the hearing request form and mailing such request to the department shall constitute a formal application for a hearing.
3. A copy of the completed notice of suspension or revocation form, a copy of any completed temporary permit form, a copy of the notice of rights and responsibilities given to the arrested person, including any request for hearing, and any driver's license taken into possession pursuant to this section shall be forwarded to the department by the officer along with the report required in section 302.510.
4. The department shall provide forms for notice of suspension or revocation, for notice of rights and responsibilities, for request for a hearing and for temporary permits to law enforcement agencies.
Notes of Decisions
Collins v. Dir. of Revenue, 691 S.W.2d 246 (Mo. 1985).
· cites it 4× “This is a consolidated appeal of two individuals, each arrested for driving while intoxicated and served with notice of license suspension, pursuant to § 302.520, RSMo Cum.Supp.1983. Both suspensions were upheld in subsequent administrative hearings and trials de novo in circuit…”
Webb v. Dir. of Revenue, 71 S.W.3d 207 (Mo. Ct. App. 2002).
· cites it 12× “However, the Notice of Suspension/Revocation, filled out by Trooper Noack on the day of the arrest, clearly reflects the trooper’s failure to take possession of Appellant’s license, which he is required to do when serving the notice as well as his failure to obtain Appellant’s…”
Whitelaw v. Dir. of Revenue, 73 S.W.3d 731 (Mo. Ct. App. 2002).
· cites it 6× “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 302.520. In this case, the notice served upon the driver was not issued pursuant to 302.”
Robinson v. Dir. of Revenue, 32 S.W.3d 148 (Mo. Ct. App. 2000).
· cites it 4× “1, RSMo 1994, provides that the license suspension is effective 15 days after the person receives notice of the suspension as provided in § 302.520, RSMo 1994, or is deemed to have received notice by mail as provided in § 302.”
State Ex Rel. Dir. of Revenue, State of Missouri v. Rauch, 971 S.W.2d 350 (Mo. Ct. App. 1998).
· cites it 3× “10% or higher, Sergeant Hood issued petitioner a “Notice of Suspension/Revocation of Your Driving Privilege” (the notice) pursuant to Section 302.520, RSMo Supp.1997 (All future references will be to RSMo 1994 unless otherwise noted), which provides in pertinent part: 1.”
Shane Adam Carter v. Dir. of Revenue, State of Missouri, 454 S.W.3d 444 (Mo. Ct. App. 2015).
· cites it 2× “Carter was notified that his license and privilege to operate a motor vehicle were subject to administrative sanction pursuant to section 302.520 since his BAC exceeded the permissible statutory limit of .”
Whitworth v. Dir. of Revenue State of Missouri, 953 S.W.2d 142 (Mo. Ct. App. 1997).
· cites it 2× “Petitioner further claimed he was prejudiced by the arresting officer’s failure to immediately notify him of the license suspension under Section 302.520. After taking the matter under advisement, the trial court entered the following judgment: Cause called.”
James v. Dir. of Revenue, 767 S.W.2d 604 (Mo. Ct. App. 1989).
· cites it 2× “Section 302.520 states: ‘T. Whenever the chemical test results are available to the law enforcement officer while the arrested person is still in custody, and where the results show an alcohol concentration of thirteen-hundredths of one percent or more by weight of alcohol in…”
Lane v. Dir. of Revenue, 212 S.W.3d 169 (Mo. Ct. App. 2007).
· cites it 7× “Petitioner’s counsel argued that the Director had not met the requirements for statutory suspension because section 302.520 RSMo (2005 Supp.) required the arresting officer to personally serve petitioner with the notice of suspension.”
Shine v. Dir. of Revenue, 807 S.W.2d 160 (Mo. Ct. App. 1991).
“Shine was notified by the Director that his driver’s license was suspended pursuant to §§ 302.520 — 302.540 RSMo due to the fact that his blood alcohol content measured in excess of .”
Olivo v. Dir. of Revenue, 950 S.W.2d 327 (Mo. Ct. App. 1997).
· cites it 4× “If the chemical results of the petitioner’s blood alcohol content are available while he is still in custody, section 302.520 states that the arresting officer shall personally serve the petitioner with notice of the suspension or revocation of his license.”
Bradley v. McNeill, 709 S.W.2d 153 (Mo. Ct. App. 1986).
· cites it 2× “Respondent’s driver’s license was suspended immediately, pursuant to § 302.520, RSMo.Supp.1984. Respondent then requested an administrative hearing to review the suspension, § 302.”
— Mo. Rev. Stat. § 302.520(2) — 1 case
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