MCKNIGHT v. DIRECTOR OF REVENUE (2024)

Missouri Court of Appeals, Western District.

Dustin MCKNIGHT, Appellant, v. DIRECTOR OF REVENUE, Respondent.

WD 86094

Decided: January 30, 2024

Division Four: Gary D. Witt, Chief Judge, Mark D. Pfeiffer, Judge and W. Douglas Thomson, Judge

Jeffrey S. Eastman, Gladstone, MO, for Appellant. Nicholas M. Romano, Liberty, MO, for Respondent. Marcie W. Bower, Jefferson City, MO, Co-Counsel for Respondent.

ORDER

Appellant Dustin McKnight appeals from the circuit court's judgment affirming the Director of Revenue's administrative revocation of his driving privileges for refusal to submit to a chemical test of his breath. On appeal, McKnight argues that the trial court's judgment sustaining the revocation of his driving privileges was against the weight of the evidence because the arresting officer's testimony was contradictory, the trial court excluded the results of the horizontal gaze nystagmus test, and McKnight's driving was evidence of his sober state. Finding no error, we affirm. Because a published opinion would have no precedential value, we have provided an unpublished memorandum to the parties that sets forth the reasons for this order. Rule 84.16(b).

PER CURIAM:

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