State v. Byerly

SIMEONE, Presiding Judge.

This is an appeal by the State of Missouri from an order of the circuit court of St. Louis County dismissing its appeal from the magistrate court which reinstated respondent-Lela J. Byerly’s driving privileges. For reasons hereinafter stated, we reverse the order and remand the cause for further proceedings.

The issue presented — one of first impression in this state — is whether the driver’s license of an operator, arrested for allegedly driving under the influence of intoxicating liquor and who has refused to submit to a sobriety test, may be revoked when the driver…