McMurray v. Director of Revenue

KAROHL, Judge.

Director of Revenue appeals from an order of the trial court directing him to reinstate petitioner’s driver’s license. The license was revoked for one year because petitioner, John McMurray refused a breathalyzer test. Section 577.020 RSMo 1986. The court found that petitioner did not refuse to submit to a breathalyzer test within the meaning of § 577.041 RSMo Cum.Supp.1989. We affirm.

At 6:30 p.m. on November 19, 1979, McMurray lost control of his automobile and drove into a ditch along Highway 270 in St. Louis County, approximately one mile from his home. His attorney and…