Sutton v. Director of Revenue

ROBERT S. BARNEY, Judge.

The Director of Revenue (“Director”), appeals the judgment of the circuit court finding that Paul A. Sutton (“Petitioner”), did not unequivocally refuse to submit to a chemical test as prescribed by section 577.041.1 and ordering the reinstatement of petitioner’s license to operate a motor vehicle. See generally § 577.041. 1

In his sole point relied on, Director maintains that the trial court erred in setting aside the revocation of Petitioner’s license to operate a motor vehicle. He maintains that at trial he had proven all the elements necessary to revoke Petitioner’s…