RAINS v. DIRECTOR OF REVENUE

No. 14834.

728 S.W.2d 649 (1987)

Gerald Lynn RAINS, Plaintiff-Appellant, v. DIRECTOR OF REVENUE, MISSOURI DEPARTMENT of REVENUE, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing and to Transfer Denied and Overruled April 14, 1987.

Application to Transfer Denied May 19, 1987.


Attorney(s) appearing for the Case

G.H. Terando, Poplar Bluff, for plaintiff-appellant.

Wallace L. Duncan, Poplar Bluff, for defendant-respondent.


MAUS, Judge.

Appellant appeals the denial of reinstatement of his driving privileges which were revoked on the basis of his refusal to submit to a breathalyzer test when under arrest for driving while intoxicated. § 577.041. He states one point on appeal.

By stipulation, the appellant's request for reinstatement was heard upon the basis of a written report of the officer who made the arrest and attempted to administer the test. That report established...

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