Eyberg v. Director of Revenue

MONTGOMERY, Chief Judge.

The Director of Revenue (Director) suspended the driver’s license of James Bowles Eyberg (Petitioner) based on the provisions of § 302.505.1 Later, Petitioner filed a Petition for Trial De Novo as allowed by § 302.535.

At trial, Petitioner stipulated he was arrested upon probable cause that he was driving a motor vehicle while the alcohol concentration in his blood exceeded .10 percent by weight. The only unstipulated matter centered on whether Petitioner was properly warned as required by § 577.041.1 before he submitted to a chemical test. The circuit court ruled that…