Justice v. Director of Revenue

The Director of Revenue (Director) appeals the trial court’s order which reinstated the respondent’s driver’s license following his refusal to take a breathalyzer test as required by § 577.041.4, RSMo Supp.1993. We reverse and remand.

At the conclusion of the hearing, the trial court stated that the respondent had not refused to take the breathalyzer test because the police had previously administered a breathalyzer test before the one the respondent was charged with refusing. This was the reason given by the trial court for reinstating Mr. Justice’s driving privileges. The preliminary test…