Baptist v. Lohman

PUDLOWSKI, Judge.

Appellant Billy Joe Baptist (Baptist) appeals the suspension of his driver’s license under Section 577.041 RSMo (1994) for failing to submit to a breath alcohol test. He contends there was insufficient evidence to suspend his license under the statute defining “driving while intoxicated” because no one actually saw him driving his truck. See Section 577.001 RSMo Supp.1996. We disagree, and affirm the judgment of the trial court.

Shortly after midnight, on February 15, 1997, a convenience store clerk noticed a pickup truck parked in the store’s parking lot. She did not see the…