Graves v. Director of Revenue

NEWTON, Judge.

The Director of Revenue (the Director) appeals the judgment of the trial court reinstating Sue Ann Graves’ driving privileges after her license was revoked for *922refusing a chemical test as required by § 577.041, RSMo Cum.Supp.1999. In the sole point on appeal, the Director contends that the trial court erred in sustaining Ms. Graves’ motion to suppress. The judgment is reversed, and the case is remanded for a new hearing on the record.

Factual and Procedural Background

On April 28, 2000, Ms. Graves was arrested for driving while intoxicated. Based on a determination that she failed…