Hester v. Spradling

BILLINGS, Judge.

Review by the Circuit Court of Stoddard County of appellant’s revocation of respondent’s operator license for one year for respondent’s alleged refusal to submit to a chemical test [§ 564.441, RSMo 1969, V.A.M.S.]. A hearing on respondent’s petition, as provided for by § 564.444, RSMo 1969, V.A.M.S., was conducted and the trial court found that respondent did not refuse to submit to the test and ordered appellant to reinstate respondent’s license.1 We affirm.

Following respondent’s nighttime arrest in Sikeston for driving while intoxicated he was given Miranda warnings,…