Burleson v. DIRECTOR OF REVENUE, STATE OF MO

PHILLIP R. GARRISON, Judge.

The Director of Revenue (“Director”) appeals from the judgment of the trial court reinstating the driving privileges of Terry Mark Burleson (“Burleson”) following the one year suspension of those privileges for Burleson’s failure to submit to a chemical breath analysis. We reverse and remand.

The evidence presented to the trial court consisted entirely of records presented by the Director. Those documents indicated the following:

At approximately 1:18 A.M. on January 22, 2001, Trooper Michael Lynch of the Missouri State Highway Patrol (“Lynch”) responded to a radio…