Legal Opinion
Borchelt v. Director of Revenue
Missouri Court of Appeals
Decided March 25, 1991No. 17098PublishedCited by 6 opinions
1Opinion of the Court
CROW, Judge.
The Director of Revenue (“Director”) appeals from a “Summary Judgment” ordering him to reinstate the motor vehicle operator’s license of Donald G. Borchelt. The Director had revoked the license per § 577.041.1, RSMo Supp.1987, because Bor-chelt refused to submit to a chemical test of his breath after being arrested for driving while intoxicated (“DWI”). § 577.010, RSMo 1986.
The circuit court based its judgment on “res judicata.” The court held it was bound by a finding of another judge in a DWI case against Borchelt that the arresting officers “had no reasonable cause to believe…
2Cases cited11 opinions
- Prentzler Ex Rel. Frazee v. SchneiderSupreme Court of Missouri · 1966
- Black Leaf Products Co. v. Chemsico, Inc.Missouri Court of Appeals · 1984
- First National Bank of St. Charles v. Chemical Products, Inc.Missouri Court of Appeals · 1982
- Tolen v. Missouri Department of RevenueMissouri Court of Appeals · 1978
- Younge v. State Board of Registration for Healing ArtsSupreme Court of Missouri · 1969
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bertram v. WunningMissouri Court of Appeals · 1965
- State v. WarfieldMissouri Court of Appeals · 1993
- State v. HoytMissouri Court of Appeals · 1996
- Hunsucker v. FischerMissouri Court of Appeals · 2006
- Humbert v. BentonMissouri Court of Appeals · 1991
1 more not listed; retrieve them via the Exa API.