McCabe v. Director of Revenue

WILLIAM H. CRANDALL, Jr., Presiding Judge.

The Director of Revenue (Director) appeals from the judgment reinstating Kevin McCabe’s driving privileges. We reverse and remand.

On September 25, 1997, a St. Louis County police officer arrested McCabe for driving while intoxicated. According to the officer, McCabe refused to submit to a breath test. Director notified McCabe that pursuant to section 577.041 RSMO Cum.Supp.1997, his driving privileges would be revoked for one year for refusing to submit to a breath test. McCabe filed a petition for review of the revocation in St. Louis County Circuit…