Robinson v. Driver & Motor Vehicle Services Division

pro tempore

The state appeals a judgment of the circuit court setting aside a final order of the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) that suspended petitioner’s driving privileges for refusing to submit a urine sample. The state argues that the trial court erred in ruling that petitioner did not refuse the officer’s request for a urine sample. We agree and reverse.

We take the following facts from the record. Petitioner was stopped by Officer Plummer for a traffic infraction. Based on petitioner’s talkative, animated demeanor, and exaggerated…