Legal Opinion

McCarthy v. Director of Revenue

Missouri Court of Appeals

Decided September 23, 2003No. ED 82158PublishedCited by 17 opinions

1Opinion of the Court

LAWRENCE G. CRAHAN, Judge.

The Director of Revenue (“Director”) appeals the judgment reinstating Christine McCarthy’s (“Driver”) driving privileges following a trial de novo conducted pursuant to Section 577.041.4 RSMo 2000. We reverse and remand with directions.

Appellate review of judgments relating to revocation of driving privileges for failure to take a chemical test is governed by Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976). Sweatt v. Director of Revenue, 98 S.W.3d 926, 928 (Mo.App.2003). The judgment must be affirmed unless there is no substantial evidence to support it, it is…

2Cases cited9 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Murphy v. CarronSupreme Court of Missouri · 1976
  3. Hinnah v. Director of RevenueSupreme Court of Missouri · 2002
  4. Peters v. Director of RevenueMissouri Court of Appeals · 2001
  5. Saladino v. Director of RevenueMissouri Court of Appeals · 2002

4 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Flaiz v. DIRECTOR OF REVENUE FOR STATEMissouri Court of Appeals · 2005
  2. Furne v. Director of RevenueMissouri Court of Appeals · 2007
  3. Howdeshell v. Director of RevenueMissouri Court of Appeals · 2006
  4. Spry v. DIRECTOR OF REVENUE, STATE OF MO.Missouri Court of Appeals · 2004
  5. Laney v. DIRECTOR OF REVENUE, STATE OF MO.Missouri Court of Appeals · 2004

12 more not listed; retrieve them via the Exa API.

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