Dain v. Spradling

ALDEN A. STOCKARD, Special Judge.

Appellant was arrested for operating a motor vehicle while intoxicated, and her operator’s license was revoked for a period of one year by respondent for alleged refusal to submit to a breathalyzer test pursuant to the provisions of § 564.444(1) RSMo 1969. Appellant filed a petition for review of this administrative ruling, as authorized by § 564.444(2), and after hearing in the circuit court the order of revocation was affirmed. This appeal followed. We reverse.

There is no substantial dispute as to the facts. In the early morning of December *81420, 1974, appellant…