BAPTIST v. LOHMAN

No. 72765.

971 S.W.2d 366 (1998)

Billy Joe BAPTIST, Appellant, v. Jeanette LOHMAN, Director, Missouri Department Of Revenue, Drivers License Bureau, Respondent.

Missouri Court of Appeals, Eastern District, Division One.

July 21, 1998.


Attorney(s) appearing for the Case

Stephen Ray Porter, Monroe City, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Evan J. Buchheim, Asst. Atty. Gen., Jefferson City, for respondent.


PUDLOWSKI, Judge.

Appellant Billy Joe Baptist (Baptist) appeals the suspension of his driver's license under Section 577.041 RSMo (1994) for failing to submit to a breath alcohol test. He contends there was insufficient evidence to suspend his license under the statute defining "driving while intoxicated" because no one actually saw him driving his truck. See Section 577.001 RSMo Supp.1996. We disagree, and affirm the judgment of the trial court.

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