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Driver’s License: Breath Test – Refusal

Where a trial court cited a squad car video of a driver’s alleged refusal to take a breath test in a drunk driving case and stated that the driver appeared confused after the officer had to search for batteries for the testing machine, the court’s finding that the state did not prove that the driver knowingly refused the test is affirmed.

Judgment is affirmed.

Hasselbring v. Director (MLW No. 64650/Case No. SD31768 – 4 pages) (Missouri Court of Appeals, Southern District, Scott, J.) Appealed from circuit court, Camden County, Koeppen, J. (Timothy Richard Cisar, Lake Ozark, for respondent) (Timothy Allan Blackwell, Jefferson City, for appellant).

 

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