Poe v. Department of Revenue of the State, Motor Vehicle Division

Opinion by

Judge PIERCE.

Plaintiff, Kirk Poe, appeals from the district court judgment affirming the revocation of his driver’s license by the Department of Revenue for refusing to submit to testing as required by the express consent law. We affirm.

Evidence at the revocation hearing established the following facts. Plaintiff was the driver of a vehicle involved in a rollover accident which occurred at 6:30 p.m. on October 30, 1991. Plaintiff was thereafter taken to a hospital for treatment of the head and leg injuries he sustained in the accident.

The arresting officer first questioned plaintiff…