Scholes v. DIRECTOR OF REVENUE STATE OF MO

LISA WHITE HARDWICK, Judge.

The Director of Revenue (“Director”) appeals from a circuit court judgment set ting aside the revocation of Herbert Scholes’s driving privileges pursuant to Section 577.041, RSMO 2000. For reasons explained herein, we affirm.

Factual and Procedural History

In the early morning hours of March 8, 2005, Kansas City police officers Nelson and Hayes 1 responded to a dispatch report regarding a “suspicious party.” Upon arriving at the scene, the officers talked to an unidentified security guard who had Herbert Scholes in custody for urinating in public. The officers noticed…