LOWERY v. SPRADLING

No. 38241.

554 S.W.2d 555 (1977)

Pete LOWERY, Jr., Appellant, v. James R. SPRADLING, Respondent.

Missouri Court of Appeals, St. Louis District, Division One.

July 19, 1977.


Attorney(s) appearing for the Case

Jenny, Cole & Eckelkamp, William W. Eckelkamp, Union, for appellant.

Walter A. Murray, Jr., Franklin County Asst. Pros. Atty., Union, John D. Ashcroft, Atty. Gen., J. Michael Davis, Asst. Atty. Gen., Jefferson City, for respondent.


DOWD, Judge.

Plaintiff appeals from an order of the Circuit Court of Franklin County denying his petition to set aside a revocation of his driver's license for refusal to submit to a breathalyzer test under § 564.444 RSMo.

On March 23, 1976 plaintiff-appellant, Peter Lowery, Jr., was arrested for driving while intoxicated in Union, Missouri. A police officer of the City of Union Police Department witnessed the appellant crossing over the center-line on...

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