DWI
Only one time for contacting a lawyer
On driver’s appeal from the director of revenue’s decision to suspend driver’s license, the director had to show that the arresting officer had probable cause to arrest the driver for driving while intoxicated. The director supported that element with circumstantial — but substantial — evidence: the driver had driven erratically, the driver’s car was in a ditch, the driver was slow and argumentative in following the officer’s directives. And the director had to show that the driver refused a breath test after the prescribed time to try contacting a lawyer. That time started on the reading of the Implied Consent Law and did not start again on a re-reading of the law. The circuit court affirmed the suspension and the Missouri Court of Appeals affirmed that judgment.
Jeremiah Johnson v. Director of Revenue
Missouri Court of Appeals, Western District – WD88445
