Bess v. Director of Revenue

ROBERT S. BARNEY, Judge.

The Director of Revenue (“the Director”) appeals from a judgment entered by the trial court which reinstated the driving privileges of Kristopher R. Bess (“Driver”). In her sole point relied on the Director maintains the trial court erred in reinstating Driver’s driving privileges, which had been revoked due to his refusal to submit to a breath test, “based on the alleged failure of [the Missouri Department of Transportation (“MoDOT”) ] to promulgate regulations because the revocation was proper, in that the stipulated evidence established that [Driver] was arrested…