Tolen v. Missouri Department of Revenue

SHANGLER, Presiding Judge.

This appeal comes from the judgment of the circuit court that the revocation of the Tolen driver’s license by the Director of Revenue for refusal to submit to the chemical breath test for intoxication was justified under § 564.444, RSMo 1969.

The statute confines the circuit court inquiry to three determinations: whether or not (1) the person was arrested; (2) the officer who made the arrest had reasonable grounds to believe that the person who drove a motor vehicle while in an intoxicated condition; and (3) the person refused to submit to the test. Tolen concedes…