Winston v. Director of Revenue

GEORGE W. DRAPER III, Judge.

The Director of Revenue (hereinafter, “the Director”) appeals from the circuit court’s judgment reinstating the driving privileges of Nicole Winston (hereinafter, “Driver”) after the Director revoked her license for refusing to take a chemical test. The Director raises one point on appeal claiming the circuit court erred in reinstating Driver’s privileges in that the Director’s records show Driver refused to submit to a breath test, thus making a prima facie case. Director argues the medical records submitted do not reflect Driver’s belief that the samples drawn at…