Legal Opinion

Turner v. Director of Revenue

Missouri Court of Appeals

Decided May 19, 1992No. WD 44726PublishedCited by 5 opinions

1Opinion of the Court

HANNA, Judge.

This is an appeal from an order setting aside the revocation of respondent’s driver’s license for refusing to submit to a chemical test. Appellant contends that the trial court erred when it found that respondent was too intoxicated to make a knowing refusal, and that he therefore did not “refuse” to take the test for the purposes of § 577.041, RSMo Supp.1990.

The judgment of the trial court is reversed and remanded.

On November 26, 1990, Officer Scott Griswold of the Kansas City, Missouri Police Department was dispatched to the intersection of 39th Street and Cleveland Avenue to…

2Cases cited9 opinions

  1. State Department of Motor Vehicles v. McElwainWashington Supreme Court · 1972
  2. State Department of Highways v. NormandinSupreme Court of Minnesota · 1969
  3. Cartwright v. Director of RevenueMissouri Court of Appeals · 1991
  4. Dudenhoeffer v. Director of RevenueMissouri Court of Appeals · 1989
  5. Walthour v. CommonwealthCommonwealth Court of Pennsylvania · 1983

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Hawk v. DIRECTOR OF REVENUE, STATE OF MO.Missouri Court of Appeals · 1997
  2. Borgen v. Director of RevenueMissouri Court of Appeals · 1994
  3. Blanchard v. Director of RevenueMissouri Court of Appeals · 1993
  4. State v. TrumbleMissouri Court of Appeals · 1992
  5. Phillips v. WilsonMissouri Court of Appeals · 2002

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