West v. DIRECTOR OF REVENUE, STATE

I agree that the trial court misapplied the law. A driver’s lack of understanding not made apparent to the officer “is of no consequence.” Spradling v. Deimeke, 528 S.W.2d 759, 766 (Mo.1975); Laney v. Dir. of Revenue, 144 S.W.3d 350, 354 (Mo.App.2004); Baldridge v. Dir. of Revenue, 82 S.W.3d 212, 222 (Mo.App.2002). As this court has noted:

A driver who has been advised of his rights under the Implied Consent Law, but declines to take the test, is deemed to have refused the test unless he objectively and unequivocally shows he does not understand his rights and the warning concerning the…