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Hampton v. Director Of Revenue

7/18/2000

he officer saw. This is just what the trial court concluded, stating:


Well, if there--Quite honestly, Mr. Lashley, if there were any admissions that I felt had been made by the Petitioner, I'd look at it differently. But the only statement made by the Petitioner--and it was specifically outlined by the officer, and he agreed that exactly what the Petitioner said was--in response to the question, as I recall it--and I don't have the report in front of me--but, "Is the reason you drove off the road and into the ditch because you were going to stop and talk to someone?" And he said, "Yes. I was going to talk to some friends, but they drove off."


And I--You know, I think that that's a pretty vague admission in the face of the fact that he was some distance away from the vehicle. He had driven off and not come back for 30 seconds, which doesn't sound like very long, but I think we'll agree is more than enough time for somebody else to have been driving the vehicle. And I just--And then both officers agree that the Petitioner denied driving the vehicle when directly asked.


We agree with Mr. Hampton that the trial court's judgment was supported by substantial evidence, was not against the weight of the evidence, and did not misstate or misapply the law, Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976), and, accordingly, we affirm.






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