Patton v. Director of Revenue

REINHARD, Judge.

Director of Revenue (Director) appeals from the trial court’s order reinstating petitioner’s driving privileges. We reverse and remand.

Petitioner was arrested for driving while intoxicated, and because his blood alcohol content exceeded .13 percent, his driving privileges were suspended. Following an administrative hearing sustaining the suspension, petitioner filed his petition for trial de novo. At trial, after the close of director’s evidence, petitioner moved for a directed verdict based on the absence of evidence that his blood alcohol content exceeded .13 percent. The…