Herr v. Director of Revenue

GEORGE W. DRAPER III, Judge.

Adam Herr (hereinafter, “Herr”) appeals the trial court’s judgment finding his license was subject to suspension pursuant to Section 302.505 RSMo (2002). 1 Herr contends that because his vehicle was out of fuel it was inoperable, and therefore, there was insufficient evidence to support the conclusion he was driving or operating the vehicle. We affirm.

On April 14, 2002, Highway Patrol Trooper Keathley (hereinafter, “Trooper Keathley”) was involved in a traffic stop on Missouri Highway 47 when he received a dispatch concerning a red Mustang. After completing the…