Legal Opinion
Allen v. Director of Revenue
Missouri Court of Appeals
Decided November 13, 2001No. WD 59379PublishedCited by 6 opinions
1Opinion of the Court
PAUL M. SPINDEN, Chief Judge.
Department of Revenue’s director appeals the circuit court’s judgment reinstating Jerry D. Allen’s driving privileges. The director revoked Allen’s driving license pursuant to § 577.041 1 because Allen refused to submit to a breath test after being arrested for driving while intoxicated. Because the director acted beyond the scope of his authority as set by § 577.041, we affirm the circuit court’s judgment setting aside the director’s revocation of Allen’s driving license.
The evidence established that the arresting officer submitted an unsigned and unsworn alcohol…
2Cases cited11 opinions
- Spitcaufsky v. HattenSupreme Court of Missouri · 1944
- Bodenhausen v. Missouri Board of Registration for the Healing ArtsSupreme Court of Missouri · 1995
- Costello v. City of St. LouisSupreme Court of Missouri · 1953
- Stenzel v. State, Department of RevenueMissouri Court of Appeals · 1976
- Director of the Department of Revenue v. Parcels of Land Encumbered with Delinquent Tax LiensSupreme Court of Missouri · 1977
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hahn v. NethNebraska Supreme Court · 2005
- S.S. v. MitchellMissouri Court of Appeals · 2009
- Cessor v. Director of RevenueMissouri Court of Appeals · 2002
- Driskell v. Director of RevenueMissouri Court of Appeals · 2005
- Baker v. Director of RevenueMissouri Court of Appeals · 2004
1 more not listed; retrieve them via the Exa API.