Canania v. Director of Revenue

CROW, Judge.

The Director of Revenue (“Director”) appeals from an order reinstating the driver’s license of Michael Canania (“Canania”). Director had suspended Canania’s license per § 302.505.11 after determining Canania was arrested upon probable cause to believe he was driving a motor vehicle while the alcohol concentration in his blood was ten-hundredths of one percent or more by weight.

The case reached the trial court following administrative review under § 302.530 in which the suspension was sustained. Although the trial court heard the matter de novo, § 302.535, almost all facts were…