Brown v. Director of Revenue

KATHIANNE KNAUP CRANE, Judge.

The Director of Revenue (Director) appeals from the trial court’s judgment reinstating the driving privileges of petitioner, John P. Brown, after judicial review of the revocation based on his refusal to submit to a chemical test under section 577.041 RSMo (2000). 1 We reverse and remand.

In the early morning hours on February 11, 2004, Trooper Jeffrey Gertsen of the Missouri State Highway Patrol responded to an accident scene on Highway 50, east of Danz Road in Gasconade County. When he arrived at the scene, he observed a black Dodge Dakota pickup track that had…