Thorp v. Department of Motor Vehicles

*554SCHWAB, C. J.

Plaintiff, having had his motor vehicle operator’s license suspended under the provisions of OES 482.540 for refusing a police officer’s request that he take a breathalyzer test after he had been arrested for drunken driving, appealed to the circuit court in the manner provided by OES 482.560(1).① Over the state’s objection the trial court refused the state the right to a jury trial, and, having taken the evidence without a jury, found that the police officer who had requested the plaintiff to take the test did not have reasonable grounds for doing so. These two rulings are the…