HEDRICK v. DIRECTOR OF REVENUE

No. WD 45436.

839 S.W.2d 300 (1992)

Theodore Daniel HEDRICK, Respondent, v. DIRECTOR OF REVENUE, State of Missouri, Appellant.

Missouri Court of Appeals, Western District.

August 4, 1992.


Attorney(s) appearing for the Case

Theodore D. Hedrick, pro se.

William L. Webster, Atty. Gen., Waylene Wilhoit Hiles, Sp. Asst. Atty. Gen., Dept. of Revenue, Jefferson City, for respondent.

Before LOWENSTEIN, C.J., and BERREY and SMART, JJ.


LOWENSTEIN, Chief Judge.

This case involves a court hearing under § 577.041.2 & 3, RSMo 1986, for the respondent driver's refusal to submit to a chemical test. Section 577.041.2 requires the judge to determine only the following:

(1) Whether or not the person was arrested;

(2) Whether or not the arresting officer had reasonable grounds to believe that the person was driving a motor vehicle while in an intoxicated condition; and

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