Hurt v. DIRECTOR OF REVENUE, STATE

JEFFREY W. BATES, Judge.

The Director of Revenue (the Director) appeals from a judgment setting aside the administrative suspension of the driving privileges of Jerry Hurt (Hurt) after a trial de novo in circuit court. The Director contends, inter alia, that the trial court erred by finding the results of Hurt’s breathalyzer test invalid due to the presence of chewing tobacco in his mouth throughout the 15-minute observation period preceding the test. Because that contention has no merit and the issue is dis-positive of the entire appeal, the judgment reinstating Hurt’s driving privileges is…