Duncan v. Director of Revenue

ORDER

The Director of Revenue appeals the judgment reinstating Ronnie Duncan’s driving privileges, arguing that there was uncontroverted evidence to support a pri-ma facie case under section 577.041 RSMo 2000 that Duncan was arrested, that the arresting officer had reasonable grounds to believe that Duncan was driving while intoxicated and that Duncan refused to submit to a breath test. The Director claims that the trial court had no basis for finding that the arresting officer’s testimony lacked credibility and argues that we need not give that finding deference on *89appeal because the…