Battle v. Director of Revenue, State

Director of Revenue (Director) appeals from the circuit court’s judgment reinstating petitioner’s driving privileges. We remand.

Petitioner’s driving privileges were suspended after he was arrested for driving while intoxicated, § 302.505, RSMo 1994.1 The suspension was sustained following an administrative hearing, §§ 302.505.2 and 302.530, and he requested a trial de novo, § 302.535. The case was assigned to a traffic court commissioner, who heard the case and reinstated petitioner’s driving privileges. The findings and recommendations of the commissioner were adopted and confirmed by an…