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eBook details

• Title: Edna Martin Wilson v. M. E. Morris
• Author : Supreme Court of Missouri Division 2
• Release Date : January 08, 1963
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

This appeal involves the revocation of the driver's license of plaintiff-appellant. Following the revocation plaintiff filed
a petition for review in the Circuit Court; to this, counsel for the Director-Respondent filed a motion to dismiss. That motion
was sustained, the petition was dismissed and this appeal followed in due course. The facts, all shown by documentary evidence, are substantially as follows: plaintiff, a woman now 82 years of age and living
in Montgomery City, was stopped on Highway 40 in Montgomery County on March 4, 1962, by Trooper D. D. Wilmoth of the Highway
Patrol, after he saw her car "weave" across the center line on two occasions; the officer talked with her briefly, and (through
his commanding officer) reported these facts to the proper division of the Department of Revenue, stating further that he
had received "several complaints" that plaintiff allowed her car to "weave" across the center line, that in his opinion she
was not capable of driving on high speed highways, and that she should be cited in for an examination. On March 15, 1962,
the Department of Revenue notified plaintiff by letter that it had received complaints "concerning her operation of motor
vehicles" and that in compliance with § 302.291 (Cum. Supp. 1951) she was thereby notified to appear within thirty
days at a "driver examiner station" in her county to take a regular driver's examination. It was further stated in the letter:
that she was required to submit satisfactory evidence of her physical competence to drive by procuring and presenting a physician's
certificate to be completed on a form enclosed; also, that if prevented by some emergency from appearing within the stated
time, she might contact an examiner with regard to an extension of time. The letter concluded with the statement that a failure
to appear or to pass the driver's test would "constitute an immediate revocation" of her driving privilege.

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