Wilcox v. Director of Revenue

ULRICH, Judge.

The director of revenue appeals an order reinstating the driving privileges of Willis D. Wilcox after judicial review of his refusal to submit to chemical testing under § 577.041, RSMo Supp.1990 (now repealed). Reversed and remanded.

Section 577.041.2-.3 mandates reinstatement of driving privileges when the judge determines after a hearing any of the following issues not to be in the affirmative:(1)Whether or not the person was arrested;(2) Whether or not the arresting officer had reasonable grounds to believe that the person was driving a motor vehicle while in an intoxicated…