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STATE EX REL. DIR. OF REVENUE v. McHENRY

No. 75764.

861 S.W.2d 562 (1993)

STATE ex rel. DIRECTOR OF REVENUE, State of Missouri, Relator, v. Honorable James F. McHENRY, Judge, Circuit Court, Cole County, Respondent.

Supreme Court of Missouri, En Banc.

September 28, 1993.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., James A. Chenault, III, Sp. Asst. Atty. Gen., Mo. Dept. of Revenue, Jefferson City, for relator.

Elaine Jones, Mark A. Richardson, Jefferson City, for respondent.

PRICE, Judge.

This is an original proceeding in prohibition arising from an order entered by the Circuit Court of Cole County (Circuit Court) staying the suspension of Bobby Newman George's (George) driving privileges. We hold that § 302.525.2(1) precludes issuance of restricted driving privileges until after the driver has completed the first thirty days of suspension and that the Circuit Court exceeded its jurisdiction in entering the stay. Our preliminary...

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