McKAY v. DIRECTOR OF REVENUE

No. WD 74458.

382 S.W.3d 119 (2012)

Alicia L. McKAY, Respondent, v. DIRECTOR OF REVENUE, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied October 2, 2012.

Application for Transfer Denied November 20, 2012.


Attorney(s) appearing for the Case

Chris Koster , Attorney General, Samuel E. Buffaloe , Special Assistant Attorney General, Jefferson City, MO, for Appellant.

Angela C. Hasty , Kansas City, MO, for Respondent.

Before Special Division: ZEL M. FISCHER, Presiding Judge, and MARK D. PFEIFFER and GARY D. WITT, Judges.


MARK D. PFEIFFER, Judge.

The Director of the Department of Revenue ("Director") appeals the judgment of the Circuit Court of Clay County, Missouri ("trial court"), setting aside the revocation of Alicia Lynn McKay's ("McKay") driver's license, and argues that McKay's initial refusal to submit to a breath test combined with her subsequent voluntary and warrantless submission to blood testing as requested by law enforcement still constitutes a refusal...

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