Delaney v. Missouri Department of Revenue

GREENE, Chief Judge.

Joseph Martin Delaney appeals from a judgment of the trial court affirming an order of the Director of Revenue revoking his motor vehicle operator’s license because he refused to take a breathalyzer test to determine the alcohol content of his blood.

Delaney’s contention at the trial court hearing was that he was not driving a motor vehicle stopped by a Missouri Highway patrolman and, therefore, was not required to take the test. He argues that the trial court erred in finding that he was driving the motor vehicle, as such finding was against the weight of the evidence and…