Phelps v. Director of Revenue

MARY RHODES RUSSELL, Judge.

The Director of Revenue (“Director”) appeals from the trial court’s judgment reinstating the driving privileges of Amber E. Phelps (“Driver”). Director asserts that the trial court erred because, under section 302.505 RSMo 2000, 1 she presented uncontroverted evidence establishing a prima, facie case for revocation of Driver’s driving privileges. We agree and reverse and remand.

On July 23, 1999, at approximately 1:55 a.m., a Maryland Heights police officer (“Officer”) pulled over a silver Mitsubishi Eclipse after he observed the car weave within its own lane, follow…