Declue v. Director of Revenue

ROY L. RICHTER, Judge.

The appellant, Director of Revenue for the State of Missouri (“Director”), appeals from a default judgment entered in favor of Terry E. Declue II (“Driver”) setting aside the one-year revocation of Driver’s driving privileges for refusing to submit to a chemical test. We reverse and remand.

I. BACKGROUND

On May 14, 2010, Driver was arrested for driving while intoxicated and was notified by Director that, pursuant to Section 588.041 RSMo Cum.Supp.2009,1 his driver’s license was to be revoked for a period of one year due to his refusal to submit to chemical testing. On June…