Payne v. Director of Revenue

PREWITT, Presiding Judge.

Respondent was arrested in Newton County, Missouri, on September 20,1994, for driving a motor vehicle while intoxicated. He refused a chemical test of his breath and was notified that his driving privilege would be revoked for one year. See § 577.041.3 RSMo 1994. Thereafter, Respondent filed a petition seeking a hearing regarding the refusal in the Circuit Court of Jasper County. Section 577.041.4 RSMo 1994 provides that such a petition be filed “in the county in which the arrest occurred.”

Appellant filed a motion contending that the petition should be dismissed…