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CLARK v. DIRECTOR OF REVENUE

No. SD 32777.

431 S.W.3d 534 (2014)

John Matthew CLARK, Petitioner-Respondent, v. DIRECTOR OF REVENUE, State of Missouri, Respondent-Appellant.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 21, 2014.

Attorney(s) appearing for the Case

Chris Koster , Atty. Gen., Jennifer A. Rodewald , Jefferson City, for appellant.

Chris Rasmussen , Camdenton, for respondent.

NANCY STEFFEN RAHMEYER, P.J.

This is an appeal from the reinstatement of driving privileges to John Matthew Clark. The elements of a refusal to submit to a breathalyzer test are: (1) whether or not the person was arrested or stopped; (2) whether or not the officer had reasonable grounds to believe that the person was driving a motor vehicle while in an intoxicated or drugged condition; and (3) whether or not the person refused to submit to the test. Section 577.041...

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