Stellwagon v. DIRECTOR OF REVENUE, STATE

LAURA DENVIR STITH, Judge.

The trial court set aside the Director of Revenue’s one-year revocation and five-year denial of Kenneth Stellwagon’s driving privileges under sections 302.304 and 302.060, RSMo 2000 1 , respectively, on the basis that the director failed to meet her burden of proof. The director appeals, arguing that once she introduced the administrative record showing that Mr. Stellwagon had two prior convictions for driving while intoxicated, the burden of producing evidence shifted back to Mr. Stellwagon to show that the convictions were “uncounseled” or otherwise inadequate to…