(Download) "Thomas J. Teson v. Director Revenue" by Supreme Court of Missouri # Book PDF Kindle ePub Free
eBook details
- Title: Thomas J. Teson v. Director Revenue
- Author : Supreme Court of Missouri
- Release Date : January 17, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
en banc Section 577.041.1, RSMo 1994, requires that a law enforcement officer arresting a person for driving while intoxicated ""shall inform the person... that his license shall be immediately revoked upon his refusal to take the test [to determine the alcohol content of his blood]."" When an arrestee refuses to submit to a chemical test and the arresting officer fails to use the word ""immediately"" in warning the arrestee of the consequences of refusal, may the Director of Revenue nevertheless revoke the arrestee's driving privilege? We hold that section 577.041.1 requires a law enforcement officer who arrests a person for driving while intoxicated to give the warning mandated by the statute when the arrestee refuses to take a test to determine blood alcohol content. When the arresting officer fails to use the words of the statute in reciting the warning, the test to determine whether an arrestee's decision to refuse to submit to a chemical test is an informed one is whether the warning was so deficient as actually to prejudice the arrestee's decision-making process. Finding no prejudice to the arrestee in this case, we reverse the judgment of the trial court and remand for entry of orders denying respondent's petition for review and dissolving the injunction that previously forbad the Director of Revenue from revoking respondent's driving privilege.
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