Court Rules

Rule 62 - Drivers' Cases

Rule 62.3 - Application for Hearing Under Section 577.041 RSMo for Refusal to Submit to Chemical Test

1. The Petitioner must include in the caption the name of the officer filing the affidavit of refusal and the officer's department. The Director of Revenue must be named as Respondent. The Court Administrator will deliver a copy of the petition to the Prosecuting Attorney.

2. Petitions for hearing will be set within thirty (30) days of the filing.

3. The Court may stay the Director's order of revocation pending the hearing. The Order serves as proof of the privilege to operate a motor vehicle in this state. (Refer to form CIRCT 459.)

4. An Application for Hardship may be joined with a Petition for Hearing Under Section 577.041, RSMo in a separate count.

5. An attested copy of final orders must be sent to the Director of Revenue by the division clerk.

Adopted 5/20/94
Effective 6/19/94