Smith v. Director of Revenue

PAUL M. SPINDEN, Chief Judge.

The Department of Revenue’s director appeals the circuit court’s judgment reinstating Scott L. Smith’s driving license. The director suspended Smith’s driving license under authority granted her by § 302.505. 1 The circuit court overturned the director’s suspension on the ground that the director did not establish that Smith was operating the vehicle. The director contends that the circuit court’s judgment is unsupported by substantial evidence and is against the weight of the evidence. She claims that she made a prima facie case that Smith did not rebut. We…