Robertson v. Director of Revenue
Robertson v. Director of Revenue
Opinion of the Court
Larry L. Robertson was arrested January 5, 1985 in Kansas City at 42nd and Main when the vehicle he was driving was observed traveling some four blocks weaving from one traffic lane to another. Robertson displayed apparent conditions associated with alcohol intoxication and upon testing with a chemical breathalyzer, he was found to have a blood alcohol concentration of .27 percent. Notice of driver’s license suspension was issued pursuant to §§ 302.500-540, RSMo.Cum.Supp.1984 and the suspension was affirmed on administrative review.
A de novo trial in the circuit court resulted in a reversal of the suspension order and the Director of Revenue has appealed. The sole issue in the case is respondent’s contention the suspension proceedings were invalid because no showing was made of probable cause to believe, at or prior to the time of respondent’s arrest, that his level of intoxication equalled or exceeded the statutory level of .13 percent.
The issues in this case are governed by Schranz v. Director of Revenue, 703 S.W.2d 912 (Mo.App. 1986) [decided today]. On the authority of that decision, the judg
Case-law data current through December 31, 2025. Source: CourtListener bulk data.