Lorton v. Director of Revenue

BRECKENRIDGE, Chief Judge.

The Director of Revenue appeals the ruling of the trial court setting aside the revocation of Devin Lorton’s driving privileges. The Department of Revenue argues that the trial court erred in finding that Mr. Lorton did not refuse the breath test within the meaning of § 475.041.1, RSMo Supp.1997, 1 and that its ruling was against the weight of the evidence. We find that Mr. Lorton refused the breath test, so we reverse the trial court’s judgment and remand the cause for entry of a judgment denying Mr. Lorton’s petition for review.

Facts and Procedural History

The facts…