Henzlik v. Director of Revenue

CROW, Judge.

The Director of Revenue (“Director”) appeals from a judgment setting aside Director’s “suspension/revocation” of the driving privileges of Michael J. Henzlik (“Henzlik”). The notice of appeal states the judgment was entered following “Trial De Novo Conducted Under § 802.535, RSMo.”

We deduce from the incomplete record that a Springfield police officer arrested Henzlik for driving while intoxicated and administered a “BAC DataMaster” test to determine the alcohol concentration in Henzlik’s blood. The test revealed a “blood alcohol concentration by weight” of “.13%.” Pursuant to §…