Painter v. Director of the State Department of Revenue

MAUS, Chief Judge.

The petitioner appeals from an adverse decision upon his application to set aside the revocation of his driver’s license for failure to take the breathalyzer test. His sole point of error is that the evidence is insufficient to establish that he refused to take the test within the meaning of § 577.050, RSMo 1978. This requires a summary of the evidence on this issue.

The principal arresting officer testified as follows: While the petitioner was being driven from the place of arrest to the police station, the officer advised the petitioner of the requirement that he take the…