ROBERSON v. DIRECTOR OF REVENUE

No. ED 81830.

108 S.W.3d 744 (2003)

Brad ROBERSON, Appellant, v. DIRECTOR OF REVENUE, State of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

June 17, 2003.


Attorney(s) appearing for the Case

Charlie James, St. Peters, MO, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Shannon L. Hamilton, Jefferson City, MO, for respondent.


CLIFFORD H. AHRENS, Judge.

Brad Roberson ("Roberson") appeals the judgment of the circuit court sustaining the revocation of his driving privileges for one year. The court found that there was substantial evidence that Roberson failed to take a breath test after being informed of the Missouri implied consent law, and that Roberson's response of "no comment" to the deputy was a valid refusal to submit to the breath test. We reverse and remand.

On December 14...

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