Bland v. Director of Revenue

GARY W. LYNCH, Judge.

The Director of Revenue (“Director”) appeals from the trial court’s judgment ordering reinstatement of the driver’s license of Ronald Garrett Bland after administrative revocation pursuant to section 577.041, 1 for Bland’s refusal to submit to a breathalyzer test after he was arrested for driving while intoxicated. Director contends that the trial court erroneously applied the law in reinstating Bland’s license “solely on the basis that speeding is not an [indicium] of intoxication.” Finding such error, we reverse the trial court’s judgment and remand with directions.

Factu…