Kelly v. Director of Revenue

Missouri Court of Appeals

Kelly v. Director of Revenue

410 S.W.3d 710, 2013 WL 5460127, 2013 Mo. App. LEXIS 1146

Missouri Court of Appeals·Decided October 1, 2013·No. No. WD 75704·Published

Opinion

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).

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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).

Kelly v. Director of Revenue, 410 S.W.3d 710, 2013 WL 5460127, 2013 Mo. App. LEXIS 1146 (Mo. Ct. App. 2013).

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