Johnson v. Director of Revenue

PAUL M. SPINDEN, Judge.

The Director of Revenue appeals the circuit court’s judgment setting aside her revocation of Todd A. Johnson’s driving privileges pursuant to Section 577.041, RSMo Supp.2003, for refusing to submit to a chemical test. The director contends that the circuit court’s judgment is not supported by substantial evidence and is against the weight of the evidence. She claims that she made a prima facie case that Johnson did not rebut. We agree and reverse the circuit court’s judgment.

The evidence established that on April 2, 2004, Kansas City police officer Arthur Willingham and…