PAINTER v. DIRECTOR OF STATE DEPT. OF REVENUE

No. 12006.

618 S.W.2d 297 (1981)

Stephen C. PAINTER, Plaintiff-Appellant, v. DIRECTOR OF the STATE DEPARTMENT OF REVENUE for the State of Missouri, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

June 17, 1981.


Attorney(s) appearing for the Case

Charles Buchanan, Joplin, for plaintiff-appellant.

William J. Fleischaker, Prosecuting Atty., Norman E. Rouse, Asst. Pros. Atty., Joplin, for defendant-respondent.


MAUS, Chief Judge.

The petitioner appeals from an adverse decision upon his application to set aside the revocation of his driver's license for failure to take the breathalyzer test. His sole point of error is that the evidence is insufficient to establish that he refused to take the test within the meaning of § 577.050, RSMo 1978. This requires a summary of the evidence on this issue.

The principal arresting officer testified as follows: While the petitioner...

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