Hardin v. Director of Revenue

The Director of Revenue has appealed from a judgment entered by the circuit court of Howell County vacating a revocation of respondent’s operator’s license for a period of one year. The revocation was based on an alleged failure to submit to a chemical test for alcohol following an arrest on May 18, 1997. See § 577.041.3, RSMo Supp.1996. Upon review, the court found that respondent did not refuse to submit to the test.

The judgment recites that evidence was heard, but in response to Director’s request for a transcript, the circuit clerk verified that no record was made. Therefore, no…