Slusher v. Schaffner

SWOFFORD, Judge.

On September 1, 1971, an off-duty member of the Raytown Missouri Police Department observed the appellant driving his automobile at night without lights and with a flat tire. He arrested appellant and took him to the police station where he was charged with six traffic offenses, including the charge of driving a motor vehicle while under the influence of intoxicating liquor. At the police station, the breatha*136lyzer machine was prepared for use and the machine’s functions were explained to appellant. He was warned that refusal to take the breathalyzer test could result in a…