Rosa v. Director of Revenue State

LOWENSTEIN, Judge.

This case involves the revocation of Doyle H. Rosa’s driver’s license for failure to submit to a chemical test under § 577.041, RSMo 1994.1

While driving on a Missouri highway, Rosa was involved in a one car accident in which he was ejected from the vehicle. State Troopers Schulte and Ahern responded to the accident call. The troopers, believing Rosa was intoxicated, attempted unsuccessfully to administer a chemical test. Because of Rosa’s injuries, he was transported by ambulance to Fitzgibbon Hospital in Marshall.

At the hospital, Troopers again attempted unsuccessfully to…