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Molthan v. Director of Revenue11/28/2000
nging information" at the scene, and suggests that only persons actually driving exchange information. The only testimony given by the officer from any discussion with Molthan was that he stated to the officer that he was "traveling" on the interstate and was unsure how the accident happened.
We do not determine that such evidence could not have supported a contrary conclusion by the trial court. Instead, our inquiry is whether there is substantial evidence upon which the trial court could have properly concluded that the Director had failed to prove that Molthan was the driver. We believe there was and that this is not a case where the evidence is so clearly overwhelming that we can find that the trial court abused its discretion or rendered a judgment that was clearly against the weight of the evidence.
The judgment is affirmed.
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