Witherwax v. Director of Revenue

VICTOR C. HOWARD, Judge.

Director of Revenue (“the Director”) appeals from a judgment in the Circuit Court of Clay County reinstating Respondent Timothy Witherwax’s (‘Witherwax”) driving privileges that were revoked pursuant *432to section 577.0411 for failing to submit to a breathalyzer test. In her sole point on appeal, the Director argues the trial court erred in reinstating Witherwax’s driving privileges, because the trial court’s judgment is against the weight of the evidence and unsupported by substantial evidence in that the officer had reasonable grounds to believe Witherwax was driving…