Tuesday, August 12, 2008

Someone tell the judge- Iowa has DWI laws, too

You wouldn't think cases like this would ever reach the appellate level, because it is hard to imagine a judge could make such a decision in the first place.

On Aug. 1, the Missouri Western District Court of Appeals reversed a decision by Adair County Circuit Court Judge Russell Steele to allow Adam Miller to get a Missouri driving license because his three DWI arrests took place in Iowa, not Missouri. Miller's request was initially denied by the Missouri Department of Revenue. The decision was explained like this:

Adam Miller's application for a driver's license was denied by Missouri Director of Revenue (Director) because he had been convicted for three or more driving while intoxicated offenses. Miller appealed the Director's decision, and the circuit court reversed the Director's decision. The circuit court found that the driving records from the State of Iowa were not legally sufficient to support the Director's decision. We reverse the circuit court's judgment and reinstate the Director's decision denying Miller's application for a driver's license. The Iowa records were legally sufficient to satisfy the Director's burden of production.

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