A.B. v. Frank

RENDLEN, Chief Justice.

Charged with violating a Town and Country municipal ordinance prohibiting driving while intoxicated, respondent petitioned the Circuit Court of St. Louis County for declaratory and injunctive relief, 1 challenging the validity of Missouri’s drunk driving law, § 577.023 RSMo Supp.1982. 2 The Municipal Judge of Town and Country and the State of Missouri were named as defendants. Because of the allegation of the statute’s invalidity the Attorney General intervened as party defendant.

The Circuit Court ruled that:

1. The statute is unconstitutional because it chills the…