Roy v. Director of Revenue

GARY M. GAERTNER, Judge.

Appellant, Director of Revenue for the State of Missouri (“Director”), appeals from an order of the Circuit Court of St. Louis County setting aside the suspension of respondent’s, Vincent J. Roy’s (“driver’s”), license and reinstating driver’s driving privileges. We reverse and remand.

*924The facts of the ease, as set out in the record and Director’s brief,1 are as follows. On March 5, 1994, driver was arrested for driving while intoxicated. A “breathalyzer” test showed driver’s blood alcohol concentration to be .17, in violation of RSMo § 302.505.2 Director accordingly…