Rains v. Director of Revenue, Missouri Department of Revenue

MAUS, Judge.

Appellant appeals the denial of reinstatement of his driving privileges which were revoked on the basis of his refusal to submit to a breathalyzer test when under arrest for driving while intoxicated. § 577.-041. He states one point on appeal.

By stipulation, the appellant’s request for reinstatement was heard upon the basis of a written report of the officer who made the arrest and attempted to administer the test. That report established there was probable cause for the appellant’s arrest for driving while intoxicated. The appellant’s actions and condition and performance on…