Roberson v. Director of Revenue

CLIFFORD H. AHRENS, Judge.

Brad Roberson (“Roberson”) appeals the judgment of the circuit court sustaining the revocation of his driving privileges for one year. The court found that there was substantial evidence that Roberson failed to take a breath test after being informed of the Missouri implied consent law, and that Roberson’s response of “no comment” to the deputy was a valid refusal to submit to the breath test. We reverse and remand.

On December 14, 2001, Deputy Chris Decker (“Deputy Decker”) of the St. Charles County Sheriffs Department arrested Roberson for driving while intoxicated.…