Hawkins v. Director of Revenue

PAUL J. SIMON, Judge.

The Director of Revenue (Director) appeals from the judgment of the circuit court reinstating the driving privileges of Thomas Lee Hawkins (Driver). We reverse and remand.

Director suspended Driver’s driving privileges pursuant to section 577.041, RSMo Cum.Supp.1998, after Driver refused a breathalyzer test. Driver filed a petition for review with the circuit court. On January 19, 1999, Driver’s petition was submitted to the court on the record and no hearing was held. The record consisted of a certified copy of the Department of Revenue records, which included the Alcohol…