Oliver v. McNeill

CRIST, Judge.

Appellant (director) appeals the trial court’s decision in favor of respondent (driver). Driver’s driving privileges had been revoked pursuant to § 577.041, RSMo 1986, for refusal to take a breathalyzer examination. Driver petitioned for judicial review of director’s order under § 302.311, RSMo 1986, and his license was reinstated by the trial court. We affirm.

Director’s sole contention on appeal is that there was insufficient evidence for the trial court to find driver’s actions did not constitute a refusal under § 577.041. We review the evidence in the light most favorable to…