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Sutton v. Director of Revenue7/7/2000
trative revocation of [Petitioner's] license were proven.'" Kienzle, 944 S.W.2d at 328 (quoting Tidwell v. Director of Revenue, 931 S.W.2d 488, 491 (Mo.App. 1996)).
We conclude that Petitioner refused to take a breathalyzer test within the provisions of section 577.020 and section 577.041. The Director properly revoked Petitioner's driving privileges under section 577.04l. The trial court incorrectly applied the law in reinstating Petitioner's driver's license and its judgment is not supported by the evidence. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). The judgment and order of the trial court is reversed. The case is remanded to the trial court with directions to enter a judgment reinstating the revocation of Petitioner's driver's license.
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