Hedrick v. Director of Revenue

LOWENSTEIN, Chief Judge.

This case involves a court hearing under § 577.041.2 & 3, RSMo 1986, for the respondent driver’s refusal to submit to a chemical test. Section 577.041.2 requires the judge to determine only the following:(1) Whether or not the person was arrested;(2) Whether or not the arresting officer had reasonable grounds to believe that the person was driving a motor vehicle while in an intoxicated condition; and(3) Whether or not the person refused to submit to the test.

Section 577.041.3 then states that “[i]f the judge determines any issue may not be in the affirmative, he shall…