Tom Edward Persons, Plaintiff/Appellant, Director of Revenue, State of Missouri, Defendant/Respondent.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Eastern District Case Style: Tom Edward Persons, Plaintiff/Appellant, Director of Revenue, State of Missouri, Defendant/Respondent. Case Number: 72764 Handdown Date: 05/19/1998 Appeal From: Circuit Court of Marion County, Hon. John J. Jackson Counsel for Appellant: Stephen Ray Porter Counsel for Respondent: Evan J. Buchheim Opinion Summary: None Citation: Opinion Author: PER CURIAM Opinion Vote: AFFIRMED. Grimm, P.J., Pudlowski and Gaertner, J.J., concur Opinion: ORDER The Director of Revenue revoked driver's license for one year for refusing to submit to a blood alcohol test. Driver filed a petition, and the trial court conducted a hearing. See section 577.041.4, RSMo 1994. Following the hearing, the trial court denied the petition and affirmed the revocation. Driver appeals. In his sole point, he contends that there was no evidence that he "was physically driving or operating a motor vehicle" as required by section 577.001.1 and 577.020, RSMo Cum Supp. 1996. We disagree and affirm. Although there was no direct evidence that anyone saw driver "physically driving or operating" his vehicle, sufficient circumstantial evidence was presented which supports the trial court's judgment. A witness came upon driver's vehicle; it was in a ditch. The witness saw driver exit the vehicle through the driver's door. No one else was around

except driver and the witness. Driver had blood on his face, yet later told the arresting officer that he was not involved in the accident. We have studied the briefs, legal file, and transcript. No error of law appears and no jurisprudential purpose would be served by an extended opinion. The judgment is affirmed pursuant to Rule 84.16(b). Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.