Fredrickson v. Director of Revenue

LOWENSTEIN, Judge.

The Director of Revenue (Director) appeals from a judgment reinstating Tracy E. Fredrickson’s driver’s license, which had been revoked pursuant to § 577.041, RSMo. Cum.Supp.1999.1 The trial court made its ruling solely on the basis the Director had not met the burden of proof that Fredrickson had refused to take the test since the officers had not proved they could have administered the test. The Director argues in his sole point on appeal that the trial court erred in setting aside the revocation of Fredrickson’s driver’s license because the evidence established that she…