Gooch v. Spradling

SWOFFORD, Presiding Judge.

Respondent (hereinafter called “licensee”) was arrested for driving a motor vehicle while intoxicated and his operator’s license was revoked for a period of one year by the appellant for alleged refusal to submit to a breathalyzer test under the provisions of Section 564.444(1) RSMo 1969, V.A. M.S. He filed his petition for review of this administrative ruling as authorized by section 564.444(2) and upon hearing in the court below, the order of revocation was set aside and rescinded. This appeal followed.

The licensee has filed his motion to dismiss the appeal…