Beach v. Director of Revenue

PAUL M. SPINDEN, Judge.

After Dale B. Beach initially agreed to submit to an officer’s test of his breath for alcohol content, he declared that he would take the test only if the officer flushed mace from his eyes and only when he could see the breath-analyzing machine. The officer deemed this to be a refusal to submit to the test and reported it as such to the director of the Department of Revenue who revoked Beach’s driving license for a year under Section 577.041, RSMo Supp.2005. 1 Beach sought the circuit court’s judicial review, and the circuit court set aside the revocation because of…