It is clear that the revocation or suspension of an operator's license is a punishment and cannot be imposed arbitrarily but only as proved by law. Levin v. Carpenter, Mo.App., 332 S.W. 862, 79 A.L.R.2d 859 (1960); City of St. Louis v. Mosier, Mo.App., 223 S.W.2d 117 (1949). Since there was no legal grounds for suspension or revocation of the insured's license, and Clyde E. Rogers admittedly had no authority to suspend or revoke such license, it is clear that the action taken by Clyde E. Rogers in 1962 was not legal suspension or revocation of the insured's permit to drive.

Even though the issuance of a drivers license amounts to no more than a personal privilege, once granted it may not be revoked arbitrarily, "but only in the manner and on the grounds provided by law[.]" City of St. Louis v. Mosier, 223 S.W.2d 117, 119 (Mo.App. 1949). See also Barbieri v. Morris, 315 S.W.2d 711, 713 (Mo. 1958).

Blydenburg v. David, Mo., 413 S.W.2d 284, 290. The point system here (Sec. 302.302) is a legislative evaluation of the force and effect of convictions for traffic violations (Jones v. Kirkman, Fla., 138 So.2d 513, 515) and once the specified number of points are accumulated the Director has no discretion. Commonwealth v. Virnelson, 212 Pa.Super. 359, 243 A.2d 464. Compare City of St. Louis v. Mosier, Mo.App., 223 S.W.2d 117. Any penalty or hardship resulting from revocation or suspension of a driver's license is but incidental because the purpose of the statutes is the protection of the public not primarily the punishment of the offender. Barbieri v. Morris, Mo., 315 S.W.2d 711; Durfee v. Ress, 163 Neb. 768, 81 N.W.2d 148. Albeit the provision for notice after the accumulation of four points in a twelve-month period is not without its difficulties.

In the exercise of its police powers, a state may require a person to be licensed as a condition precedent to operating a motor vehicle on public highways, and such license is a privilege or a qualified right that is subject to suspension or revocation as may be provided by law on any ground that would justify a refusal to issue a license in the first instance if such suspension or revocation is not done arbitrarily and in disregard of procedural due process. Levin v. Carpenter, Mo., 332 S.W.2d 862, 865[1, 2], 79 A.L.R.2d 859; Barbieri v. Morris, Mo., 315 S.W.2d 711, 713[1, 2]; City of St. Louis v. Mosier, Mo.App., 223 S.W.2d 117, 120[5]; Schwaller v. May, 234 Mo. App. 185, 115 S.W.2d 207, 209[2]; 60 C. J.S. Motor Vehicles §§ 159 and 160; 7 Am.Jur.2d, Automobiles and Highway Traffic § 109; Blashfield's Cyclopedia of Automobile Law and Practice, Vol. 1, § 580. A license to operate a motor vehicle may be suspended or revoked by an administrative agent authorized by law to do so without prior notice or a hearing since due process of law is satisfied if there is provision for an administrative hearing subject to judicial review or the right to have a hearing in a court which may adequately review the administrative decision.

We agree, but the plaintiff's license was not so revoked here. To the same effect is City of St. Louis v. Mosier, Mo.App., 223 S.W.2d 117. In the latter case an ordinance provided for the revocation of a driver's license by the appropriate court upon three convictions of careless driving or speeding within a period of twelve months.

Barbieri v. Morris, Mo., 315 S.W.2d 711, 713 [2]. The suspension of a city's operator's license was considered to impose a punishment in City of St. Louis v. Mosier, Mo.App., 223 S.W.2d 117, 120 [5]. The court stated (119 [2]): "[A] license, once granted, is nevertheless not to be revoked arbitrarily, but only in the manner and on the grounds provided by law."

The issuance by the State of Missouri of a license to operate a motor vehicle on the public streets and highways does not create any contractual or vested right in the one to whom it is issued for its continued possession. Schwaller v. May, 234 Mo.App. 185, 115 S.W.2d 207, 209; 60 C.J.S. Motor Vehicles § 169; 5A Am.Jur., Automobiles and Highway Traffic, § 136; Blashfield, Cyclopedia of Automobile Law and Practice, § 580. It amounts to no more than a personal privilege extended by the state to be exercised subject to the restrictions imposed on its use. City of St. Louis v. Mosier, Mo.App., 223 S.W.2d 117; Schwaller v. May, supra; 60 C.J.S. Motor Vehicles § 159. Therefore such a license is subject to suspension or revocation as the statutes may provide on any ground that would justify a refusal to issue the license in the first instance. 60 C.J.S. Motor Vehicles § 160. There is no contention on this appeal that in the exercise of its police powers the State of Missouri could not suspend the privilege of any person to operate an automobile if he is what has legislatively been defined to be a "habitual violator of traffic laws."

However, a license to drive a motor vehicle may be revoked pursuant to the procedure and for violations of the conditions prescribed by the statute under which it was issued. City of St. Louis v. Mosier, Mo.App., 223 S.W.2d 117; Bonamassa v. Davis, 186 A. 64, 14 N.J. Misc. 499; State v. Correll, 232 N.C. 696, 62 S.E.2d 82; Tate v. Lamb, 195 Va. 1005, 81 S.E.2d 743. Turning now to the argument that the revocation of the license in this instance involves an ex post facto application of the statute and is therefore unconstitutional we find that it has no merit for two reasons.

And, like such licenses, it is generally held that a driver's license may not be suspended or revoked arbitrarily or capriciously, but only in the manner and on the grounds provided by law. 60 C.J.S., Motor Vehicles, § 160, page 482; 33 Am.Jur., Licenses, Sec. 66, page 382 (as to other licenses); City of St. Louis v. Mosier, Mo. App., 223 S.W.2d 117; In re Wright, supra; Sleeper v. Woodmansee, 11 Cal.App.2d 595, 54 P.2d 519; Rawson v. Department of Licenses, Wash., 130 P.2d 876; Application of Wignall, 278 App. Div. 28, 103 N.Y.S.2d 7. There is nothing in our statutes authorizing the procedure here followed by the Department.

It has long been held that a driver's license amounts to no more than a personal privilege extended to the automobile operator by state or municipal authorities. Blydenburg v. David, 413 S.W.2d 284, 289 (Mo. banc 1967); City of St. Louis v. Mosier, 223 S.W.2d 117, 119 (Mo.App 1949). The issuance of a license to operate a motor vehicle does not create any contractual or vested right in the one to whom it is issued.