Kelly v. Director of Revenue
Kelly v. Director of Revenue
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
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.