Rothwell v. Director of Revenue

CYNTHIA L. MARTIN, Judge.

The Director of the Department of Revenue (“Director”) appeals the trial court’s judgment setting aside the revocation of JW Bruton Rothwell’s (“Rothwell”) driver’s license pursuant to section 577.041.1 The Director argues that Rothwell’s initial refusal to submit to a breath test was not negated by his subsequent voluntary submission to a blood test. We affirm the trial court’s judgment.

Factual and Procedural History

On November 30, 2011, Rothwell was arrested by Missouri State Highway Patrol Trooper Billy Cole (“Trooper Cole”) for leaving the scene of an accident and…