McKay v. Director of Revenue

MARK D. PFEIFFER, Judge.

The Director of the Department of Revenue (“Director”) appeals the judgment of the Circuit Court of Clay County, Missouri (“trial court”), setting aside the revocation of Alicia Lynn McKay’s (“McKay”) driver’s license, and argues that McKay’s initial refusal to submit to a breath test combined with her subsequent voluntary and war-rantless submission to blood testing as requested by law enforcement still constitutes a refusal as contemplated by section 577.041. We disagree with the Director’s position and affirm the trial court’s judgment setting aside McKay’s…