Missouri Court of Appeals, 2013

Kelly v. Director of Revenue

Kelly v. Director of Revenue
Missouri Court of Appeals · Decided October 1, 2013 · Fischer, Howard, Pfeiffer
410 S.W.3d 710; 2013 WL 5460127; 2013 Mo. App. LEXIS 1146 (South Western Reporter, Third Series)

Kelly v. Director of Revenue

Opinion of the Court

ORDER

PER CURIAM:

Rex Kelly appeals the judgment of the trial court affirming the administrative revocation of his driving privileges for refusing to submit to a chemical analysis of his breath under section 577.041, RSMo Cum.Supp.2011. He claims that the error code produced by the breath test machine did not indicate a refusal and that the arresting officer substituted his opinion regarding whether Kelly refused the test for that of the machine and did not follow the appropriate operator’s manual. Because a published opinion 5would have no prece-dential value, a memorandum has been provided to the parties.

The judgment is affirmed. Rule 84.16(b).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.