Tuggle v. Director of Revenue

The Director of Revenue appeals from a judgment of the circuit court rescinding a determination made by the Department of Revenue to suspend William A. Tuggle’s driving privileges in accordance with §§ 302.500-.540. 1 Following a trial de novo, the court found that the state had failed to establish as an element of its burden of proof that Tuggle was driving a motor vehicle. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo.1976) (en banc), provides the standard of review on appeal, and because the trial court erroneously applied the law in considering the sufficiency of the evidence we reverse the…