Rogers v. Director of Revenue

ROBERT G. ULRICH, Presiding Judge.

The Director of Revenue, State of Missouri, appeals from the trial court’s judgment ordering the reinstatement of the driving privileges of Steven Mark Rogers. The Director contends that the trial court erred in setting aside the revocation of Mr. Rogers’ license because Mr. Rogers’ conditional consent to take a chemical test was a refusal under section 577.041. The point is granted, and the judgment is reversed.

Facts

On October 10, 2003, Steven Rogers was arrested for driving while intoxicated. The arrest resulted from a traffic stop and the observations of…