Legal Opinion

Smith v. Spradling

Missouri Court of Appeals

Decided March 1, 1976No. 27282PublishedCited by 1 opinion

1Opinion of the Court

ANDREW JACKSON HIGGINS, Special Judge.

Appeal from judgment affirming revocation of license to operate a motor vehicle because of refusal to submit to a chemical *777test. § 564.444, RSMo 1969. The questions are: (1) whether Section 564.444 is vague with respect to the warning to be given the motorist by the arresting officer; (2) whether Section 564.444 is an improper and vague delegation of the power of revocation to the director of revenue; (3) whether the arresting officer had reasonable grounds to believe defendant was driving a motor vehicle while in an intoxicated condition. Affirmed.

Section…

2Cases cited5 opinions

  1. Blydenburg v. DavidSupreme Court of Missouri · 1967
  2. Jones v. SchaffnerSupreme Court of Missouri · 1974
  3. Bolling v. SchaffnerMissouri Court of Appeals · 1972
  4. State v. KrammeMissouri Court of Appeals · 1973
  5. Commonwealth, Department of Public Safety v. TuemlerCourt of Appeals of Kentucky · 1975

3Cited by1 opinion

  1. Curry v. GoldbergMissouri Court of Appeals · 1981

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