Legal Opinion

Ijames v. Director of Revenue

Missouri Court of Appeals

Decided October 8, 1985No. 49012PublishedCited by 3 opinions

1Opinion of the Court

CRIST, Presiding Judge.

Appeal from the decree of the Circuit Court upholding the revocation of appellant’s driver’s license pursuant to § 577.041 RSMo (Cum Supp.1984), the Refusal of Chemical Test Statute. We affirm.

Error is asserted in the trial court’s ruling appellant had the burden of proof concerning the propriety of the revocation, and requiring him to present evidence first. The burden of proof was not on appellant. Postlewait v. Missouri Dept, of Revenue, 643 S.W.2d 314, 316 (Mo.App.1982). However, appellant failed to object to this procedure, thereby failing to preserve any claim of…

2Cases cited5 opinions

  1. Collins v. Director of RevenueSupreme Court of Missouri · 1985
  2. State v. ArmstrongMissouri Court of Appeals · 1980
  3. State v. JenkinsMissouri Court of Appeals · 1984
  4. Postlewait v. Missouri Department of RevenueMissouri Court of Appeals · 1982
  5. Turnham v. StateCourt of Criminal Appeals of Texas · 1973

3Cited by3 opinions

  1. Hunsucker v. FischerMissouri Court of Appeals · 2006
  2. State v. FletcherMissouri Court of Appeals · 1990
  3. Hunsucker v. FischerMissouri Court of Appeals · 2006

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