Duing v. DIRECTOR OF REVENUE, STATE OF MO.

GEORGE W. DRAPER III, Judge..The Director of Revenue (hereinafter, “Director”) appeals from the trial court’s judgment setting aside the suspension of Stanley H. Duing’s driving privileges (hereinafter, “Driver”) for driving while intoxicated. Director’s sole point on appeal claims the trial court erred in reinstating Driver’s license because Director established a prima facie case for suspension, and Driver failed to rebut the prima facie case. We remand.

Director suspended Driver’s license for driving while intoxicated pursuant to Section 302.505 RSMo (Supp.1997) 1 Driver requested and…