LAWS MOTIONSLINKSIN THE THIRTY-SEVENTH JUDICIAL CIRCUIT FOR THE STATE OF MISSOURI, HOWELL COUNTY
Lee Allen Martin, Petitioner )
)
V.S. ) Case No.#CV398-699CC
Director of Revenue )
State of Missouri, Respondent )
Michael P. Hutchings, Attorney )
PETITION FOR TRIAL DE NOVO FROM ADMINISTRATIVE ACTION
COMES NOW the petitioner, Lee Allen Martin, pursuant to the Honorable Judge Garrett's Order dated 10-5-98 in case #CV398-699CC, and does appeal the Directorof Revenue's final decision of Auguast 7, 1998 pursuant to Chapter 536 of the RSMo and 302.311 RSMo for the following reasons:
1) The decision of the state of Missouri in the drivers license of Lee Allen Martin is in violation to the Constitution of the United States pursuant to the 5 Th Amendment's Double Jeopardy Clause as applied to the State in the 14 Th Amendment, U.S. V Bell 90 F 3rd 318, State of Missouri v. Mayo 915 SW 2nd 758, Mason v Director of Revenue 929 SW 2nd 266, U.S. v Imngren 914 F Supp. 1326.
2)The final decision of the State of Missouri in this case is in contrast to the RSMo of the State of Missouri specifically 302.010 (3) which defines "conviction" as "and the date of final judgment affirming the conviction shall be the date determining the beginning of any license suspension or revocation under section 302.304." The State and this court is very aware that the final judgment affirming the decision of this trial court was issued on 2-9-98 by the Missouri Court of Appeals, Southern Division in Appeal # 21211-1, and if the director of revenue wants to start another revocation of a drivers license that has not been applied for or issued it must start on 2-9-98 and therefore, end on 2-9-99.
3) The State of Missouri can not revoke what it has not issued. No privilege has been applied for and therefore the State having not granted privilege to drive to Mr. Martin is in no way in the capacity to revoke a privilege that does not exist.
4) The State of Missouri has held the defendant's driving privilege revoked since August 13, 1992 and has never reinstated driving privilege of Mr. Martin. To hold a non existent license up to multiple revocations stemming from the same incident violation of double jeopardy clause.
Respectfully Submitted,
Lee Allen Martin
7050 County Rd. 2810
West Plains, Missouri 65775
CERTIFICATE OF SERVICE
By signature below, I hereby certify that a true and correct copy of the foregoing petition was served upon the Prosecutors' Office at the Howell County Court House, West Plains, MO 65775 by hand delivery on 9-4-98.
_____________ .
So certified: _____________________________
Lee Allen Martin
NOTICE OF HEARING
The foregoing petition will be called before the Court for hearing on September 15, 1998 at 1:00 p.m. or as soon thereafter as Petitioner may be heard.
______________________________
Lee Allen Martin