Argument first raised at hearing constitutes an amendment to the pleadings and, if not objected-to, is tried by consent. Constitutional argument so raised at the first opportunity is preserved. Federal statute withholding money to coerce policy change may violate U.S. Constitution’s spending clause, but Missouri statute passed to gain greater highway funding from federal government does not. Statutes require at least a year disqualification from driving a commercial vehicle for driver convicted of an alcohol-related traffic offense. Driver did not show that DWI in non-commercial vehicle is not rationally related to commercial driving and did not show that notice and opportunity for hearing are insufficient for due process.
Robert Brian Bone, Respondent vs. Director of Revenue, Appellant.
Missouri Supreme Court – SC93047
Courtesy of the Supreme Court of Missouri- Opinions.
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