Misener v. Director of Revenue

MARY K. HOFF, Judge.

The Director of Revenue (Director) appeals from the trial court’s judgment setting aside Director’s revocation of Scott Allen Misener’s (Driver’s) driving privileges. We reverse and remand and direct the trial court to reinstate Driver’s revocation.

Director revoked Driver’s driving privileges for driving while intoxicated under Section 302.505, RSMo Supp.1997. Driver filed a petition for a trial de novo in St. Louis County Circuit Court. The arresting officer testified for Director and Director offered into evidence records concerning Driver’s breathalyzer test results.…