McMURRAY v. DIRECTOR OF REVENUE

No. 58160.

800 S.W.2d 820 (1990)

John McMURRAY, Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Appellant.

Missouri Court of Appeals, Eastern District, Division One.

December 31, 1990.


Attorney(s) appearing for the Case

William L. Webster, Atty. Gen., Jatha B. Sadowski, Sp. Asst. Atty. Gen., Missouri Dept. of Revenue, Jefferson City, for appellant.

Michael B. Gross, Michael B. Marker, Law Office of Michael A. Gross, Michael B. Gross & Michael B. Marker, St. Louis, for respondent.


KAROHL, Judge.

Director of Revenue appeals from an order of the trial court directing him to reinstate petitioner's driver's license. The license was revoked for one year because petitioner, John McMurray refused a breathalyzer test. Section 577.020 RSMo 1986. The court found that petitioner did not refuse to submit to a breathalyzer test within the meaning of § 577.041 RSMo Cum.Supp.1989. We affirm.

At 6:30 p.m. on November 19, 1979, McMurray lost control...

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