Missouri Court of Appeals, Eastern District / Jul 21, 2020
Timothy Gallagher, Appellant, vs. Missouri Department of Revenue, Respondent.
Timothy Gallagher appealed the trial court's judgment upholding the Director of Revenue's revocation of his driving privileges for refusing a breath test. Gallagher argued there was insufficient evidence to support a finding of probable cause that he drove while intoxicated, specifically regarding his condition while driving and the time of the accident. The appellate court affirmed, finding that the Director presented ample evidence, including circumstantial evidence and indicia of intoxication, to establish probable cause.