Long v. Director of Revenue

VICTOR C. HOWARD, Judge.

The Director of Revenue (“Director”) appeals from the trial court’s judgment in favor of James Long, Jr., permanently enjoining the Director from revoking Long’s driving privileges under § 577.041 1 for refusing to submit to a chemical test. The Director contends that the trial court erred in entering its judgment because the evidence established that Long was arrested, the arresting officer had reasonable grounds to believe that Long was driving while intoxicated, and Long refused to submit to the test after he abandoned his attempts to contact an attorney.

We vacate…