Section 1.18 Proof of Driving or Operating While Intoxicated
| Library | DWI 2014 |
A driver may not challenge the revocation of the driver’s license solely on the position that the driver was not driving the vehicle. Hinnah v. Dir. of Revenue,77 S.W.3d 616 (Mo. banc 2002). The Court reasoned that “the question is not whether the person arrested actually was driving but whether the officer who requested the test had reasonable grounds to believe that the licensee was driving while intoxicated.” Id. at 622. “Evidence that the licensee was not driving may be relevant to show the...
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