Lyons v. Director of Revenue

GARY M. GAERTNER, Presiding Judge.

The Director of Revenue, (“Director”), appeals from the judgment reinstating the driving privileges of Michael A. Lyons, (“driver”). We reverse and remand. 1

Director revoked driver’s driving privileges for one year for refusing to consent to a chemical test of his blood pursuant to Section 577.041, RSMo Cum.Supp.1997. 2 Driver filed a petition for review with the circuit court. The court assigned the petition to a commissioner for hearing.

On February 24, 2000, the parties appeared before the commissioner. The director submitted the case on the record,…