Missouri Court of Appeals, Western District / Oct 12, 2021
Paul Joseph Mottet vs. Director of Revenue, State of Missouri
Paul Mottet's driver's license was administratively revoked by the Director of Revenue for refusing a chemical test. Mottet sought judicial review, and the trial court entered judgment against the Director when the prosecuting attorney failed to appear. The Director moved to set aside the judgment, arguing it was void because Chapter 56 of the Revised Statutes of Missouri required the prosecutor's presence. The appellate court affirmed the trial court's denial of the motion, holding that Chapter 56's general provisions do not apply to driver's license revocation actions under Chapter 302, and the Director, as a civil litigant, was not denied due process.