YARSULIK v. DIRECTOR OF REVENUE

No. WD 62259.

118 S.W.3d 279 (2003)

Ronald A. YARSULIK, Respondent, v. DIRECTOR OF REVENUE, Appellant.

Missouri Court of Appeals, Western District.

October 28, 2003.


Attorney(s) appearing for the Case

James A. Chenault III, Jefferson City, for Appellant.

Kendall Reid Vickers, Nevada, for Respondent.


PAUL M. SPINDEN, Presiding Judge.

The director of the Department of Revenue asks us to determine whether or not a breath analyzer machine's producing a digital display of a breath test's results, but not a print-out, establishes that a driver had refused to submit to a chemical analysis contrary to his lawful obligations. We do not reach this issue, however, because the director did not present any evidence that the lack of a print-out resulted from the driver's refusal...

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