Sell v. Goldberg

PREWITT, Judge.

Appellant petitioned the trial court for a review of the revocation of his automobile *666driving privileges for refusing to take a breathalyzer test. § 577.050, RSMo 1978. He contends that the trial court was in error in denying his petition “as the Trial Court’s finding that the appellant refused to submit to a chemical breath test after having been informed of the consequences of his refusal is not supported by substantial evidence.” He claims that there was no substantial evidence to show “that a proper request, including the required statutory warning as to the consequences of…