Staton v. Director of Revenue

JAMES M. SMART, Jr., Judge.

Jackie Lee Staton appeals the judgment of the circuit court upholding the Director of Revenue’s (“Director”) revocation of his driving privileges. Staton argues that we should declare that he did not refuse to take a breath test under § 577.041, RSMo Supp.1998, because he was not offered a test until four hours and fifty-one minutes after his arrest. Staton contends that such time lapse made the request so unreasonable that he cannot be deemed to have refused.

Factual Background

On December 26,1998, at approximately 10:40 p.m., Missouri State Highway Trooper Daniel…