Smith v. Director of Revenue

GARY W. LYNCH, Chief Judge.

Following a bench trial, Appellant Randal L. Smith appeals the trial court’s judgment affirming the revocation of his driving privileges pursuant to section 577.041, 1 for refusing to submit to chemical testing following his arrest for driving while intoxicated. We affirm the trial court’s judgment.

Factual and Procedural Background

Viewing the facts developed at trial in the light most favorable to the trial court’s judgment, as we must, Jarrell v. Director of Revenue, 41 S.W.3d 42, 46 (Mo.App.2001), the following transpired.

On November 17, 2006, Smith was stopped in…