Burk v. Director of Revenue

JOHN E. PARRISH, Judge.

The Director of Revenue appeals a judgment setting aside the revocation of Chase E. Burk’s (petitioner) driving privilege for failure to submit to a chemical test as required by § 577.041. 1 This court reverses and remands with directions.

Petitioner sought and was granted a hearing in circuit court following the director’s revocation of his driving privilege for refusing to submit to a chemical test to determine his level of blood alcohol after he was stopped for a traffic violation. See § 577.041.3. The trial court set aside the revocation on the basis that the…