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Brown v. Director of Revenue11/14/2000
advice was given and he was unsuccessful in reaching his attorney. When given the Implied Consent Law advice, he again requested counsel. The officer deemed that response a refusal. About 10 minutes later, Mr. Brown expressed a desire to take the test if revocation were to be the consequence of his continued request to contact counsel. The officer nevertheless refused to administer the test. The officer violated the requirements of section 577.041.1, and under the facts and circumstances herein, that failure was prejudicial. The judgment of the trial court is reversed and the cause remanded for entry of an order directing the Director to set aside the revocation of Mr. Brown's driving privileges.
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