Spry v. DIRECTOR OF REVENUE, STATE OF MO.

JEFFREY W. BATES, Chief Judge.

The Director of Revenue (“Director”) appeals from a judgment of the circuit court setting aside the one-year driver’s license revocation, pursuant to § 577.041, of Ronda Spry (“Spry”) for refusing to submit to a breathalyzer test after she was arrested for driving while intoxicated. 1 The Director contends the trial court erred in granting Spry’s motion for a “directed verdict” at the close of the Director’s evidence because she made a prima facie case for revocation, which Spry failed to rebut. We reverse and remand the case for further proceedings.

I. Statement…