Borgen v. Director of Revenue

This appeal involves judicial review of the revocation of Robert Duane Borgen’s driving privileges for refusing a chemical test for intoxication under § 577.041, RSMo Supp. 1992. After a hearing, the trial judge ordered reinstatement of Borgen’s driving privileges. The Director of Revenue appeals. The judgment is reversed and the case is remanded.

On September 11, 1992, at approximately 11:30 p.m., Officer Matthew Vessar of Central Missouri State University observed Bor-gen driving a vehicle on a campus sidewalk. He instructed another officer to tell Borgen to back the vehicle down the…