Legal Opinion

Phillips v. Director of Revenue

Missouri Court of Appeals

Decided September 19, 2012No. SD 31635Published

1Opinion of the CourtGary W. Lynch, P.J.

The Director of Revenue (“Director”) appeals the trial court’s order restoring the driving privileges of Richard Louis Phillips (“Petitioner”) after Petitioner refused to submit to a chemical test of his breath, pursuant to section 577.041.4.1 The Director contends that the trial court misapplied the law in finding that the arresting officer did not have reasonable grounds to believe Petitioner was driving while intoxicated because there was not probable cause supporting the initial traffic stop. We agree and reverse and remand with directions to reinstate Director’s revocation.

Factual and…

2Cases cited19 opinions

  1. Murphy v. CarronSupreme Court of Missouri · 1976
  2. White v. Director of RevenueSupreme Court of Missouri · 2010
  3. Hinnah v. Director of RevenueSupreme Court of Missouri · 2002
  4. Essex Contracting, Inc. v. Jefferson CountySupreme Court of Missouri · 2009
  5. Riche v. Director of RevenueSupreme Court of Missouri · 1999

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