Court of Appeals of Missouri, Southern District, Second Division
TANNER C. BEASLEY, Appellant,
DIRECTOR OF REVENUE, STATE OF MISSOURI, Respondent.
from the Circuit Court of Greene County Honorable J. Ronald
Carrier, Associate Circuit Judge
WILLIAM W. FRANCIS, JR., J.
15, 2014, the Director of Revenue ("Director"),
revoked the driving privileges of Tanner C. Beasley
("Beasley"), pursuant to section 577.041,
 for failure to submit to a blood test
after Beasley was found to be driving while intoxicated
("DWI"). On December 19, 2014, a post-revocation
hearing was conducted and the trial court found in favor of
the Director. We affirm the judgment of the trial court.
and Procedural Background
recite the facts of this case in accord with the principle
that we defer to the finder of fact on issues of contested
fact. White v. Director of Revenue, 321 S.W.3d 298,
308 (Mo. banc 2010). Where the facts are uncontested, no
deference is necessary because the trial court's
assessment of the evidence is unnecessary. Id.
6, 2014, at approximately 4:57 a.m., Sergeant Stephen Foster
("Sgt. Foster"),  with Troop G of the Missouri State Highway
Patrol, responded to the scene of a one-vehicle accident in
Shannon County. Upon arrival, Sgt. Foster observed a jeep off
the roadway, on its driver's side in a ditch. He also
observed an entire row of road signs (six)-a tenth or
two-tenths of a mile before the accident scene-that had been
knocked down and driven over. A seventh sign, also knocked
down and driven over, was near where the jeep left the
roadway. Sgt. Foster noticed numerous beer cans laying
throughout the vehicle that had spilled out into the jeep
from a cooler.
Foster made contact with first responders who informed him
that Beasley was the driver of the vehicle, there was a
passenger, and Beasley had been airlifted to Cox South
Hospital in Springfield with substantial serious injuries.
his investigation at the scene, Sgt. Foster spoke with the
passenger, identified as Dylan Hanger ("Hanger"),
multiple times. Hanger stated both he and Beasley had been
drinking, and that it was Beasley's 21st birthday. Hanger
first stated that Beasley had swerved to miss a deer, ran off
the road hitting a sign, and overturned. Later when asked
about the multiple downed road signs, Hanger stated Beasley
had intentionally driven off the roadway and started
"knocking [the signs] down" which had made him
"nervous." Sgt. Foster concluded that "it was
apparent that at some point . . . whether it was intentional
or unintentional, the jeep struck the sign and the results of
that impact caused the jeep to overturn onto the driver's
side." He then reported to Troop G dispatch, who in turn
contacted Troop D of the Missouri State Highway Patrol in
Springfield requesting an officer make contact with Beasley
at the hospital.
approximately 5:20 a.m., Trooper Roger Myers ("Trooper
Myers") arrived at Cox South
Hospital to make contact with the driver involved in a
one-vehicle crash in Shannon County. Dispatch had advised
that the driver was "possibly intoxicated, " and
identified Beasley as the driver. Beasley arrived at the
hospital at 5:46 a.m.
Myers first made contact with the flight crew of the
helicopter that transported Beasley, both of whom advised
that Beasley had vomited during the flight, smelled of
intoxicants, and was definitely intoxicated.
Myers then attempted to interview Beasley. He advised Beasley
as to why he was there, but received no response. He asked
Beasley what happened and again received no response. Trooper
Myers asked Beasley if he had been drinking, but
Beasley's reply was unintelligible. Trooper Myers then
placed Beasley under arrest, read Beasley Missouri's
Implied Consent warning, and received a short unintelligible
response from Beasley. Trooper Myers asked Beasley if he
would submit to a blood test, but received no response. A
nurse who was also present in the room shook Beasley and
asked Beasley if he would provide a blood sample for the
trooper, and Beasley stated, "No." The nurse then
told Beasley he would lose his license for one year if he
refused, and Beasley again stated, "No." Trooper
Myers did not ask Beasley to take a breath test due to
extensive lacerations to Beasley's face. Trooper Myers
advised Beasley that he was interpreting Beasley's
actions as a refusal, Beasley would be receiving something in
the mail, and
Myers left. It was Trooper Myers' observation that
Beasley was not incapacitated. Trooper Myers completed an
alcohol influence report.
Director revoked Beasley's driver's license for a
period of one year, pursuant to section 577.041, for
Beasley's refusal to submit to a blood test. Beasley
appealed to the Circuit Court of Greene County, Missouri.
was held on December 19, 2014. On January 9, 2015, the trial
court entered its "Findings of Fact, Conclusions of Law
and Judgment, " finding there was sufficient evidence
for Trooper Myers to conclude that Beasley was in an
intoxicated condition while operating a motor ...