Calicotte v. Director of Revenue

CROW, Presiding Judge.

Citing § 577.041.3, 1 the Director of Revenue (“Director”) revoked the license of Kevin Ray Calicotte (“Calicotte”) to operate a motor vehicle. Director based the revocation on Calicotte’s refusal to submit to a chemical test of his breath pursuant to § 577.020.1.

Calicotte petitioned the circuit court for review per § 577.041.4. Following an evi-dentiary hearing, the court entered judgment nullifying the revocation. Director brings this appeal from that judgment.

The testimony of Dent County Deputy Sheriff Craig E. Smith (“Smith”) was the sole evidence presented to the…