Hoyt v. Director of Revenue

HOWARD, Judge.

Michael Hoyt appeals from the circuit court’s judgment sustaining the Director of Revenue’s revocation of his driver’s license. Hoyt contends that the circuit court erred in entering judgment in favor of the Director because 1) the definition of “driving” in § 577.001.11 requires more than “actual physical control” of a vehicle; and 2) based on the uncontroverted facts, the evidence merely established that Hoyt was in actual physical control of the vehicle, and did not establish that he was physically driving.

We affirm.

Facts

On March 7, 1999, Derek M. Bruns, a police officer for…