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TOLEN v. MISSOURI DEPT. OF REVENUE

No. KCD 29099.

564 S.W.2d 601 (1978)

James Reed TOLEN, Appellant, v. MISSOURI DEPARTMENT OF REVENUE, Respondent.

Missouri Court of Appeals, Kansas City District.

April 3, 1978.

Attorney(s) appearing for the Case

Lyle E. Spillman, Trenton, for appellant; Holcomb, Spillman & Roberts, Trenton, of counsel.

John D. Ashcroft, Atty. Gen., J. Michael Davis, Asst. Atty. Gen., Jefferson City, for respondent.

Before SHANGLER, P. J., WASSERSTROM, J., and MASON, Special Judge.

SHANGLER, Presiding Judge.

This appeal comes from the judgment of the circuit court that the revocation of the Tolen driver's license by the Director of Revenue for refusal to submit to the chemical breath test for intoxication was justified under § 564.444, RSMo 1969.

The statute confines the circuit court inquiry to three determinations: whether or not (1) the person was arrested; (2) the officer who made...

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