BRADFORD v. DIRECTOR OF REVENUE

No. 52554.

735 S.W.2d 208 (1987)

Lawrence E. BRADFORD, Petitioner-Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Respondent-Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

August 25, 1987.


Attorney(s) appearing for the Case

William L. Webster, Atty. Gen., James Chenault, III, Sp. Asst. Atty. Gen., Missouri Dept. of Revenue, Jefferson City, for respondent-appellant.

Timothy Devereux, Clayton, for petitioner-respondent.


CRANDALL, Judge.

The Director of Revenue (Director) appeals from the judgment of the trial court rescinding a determination made by the Department of Revenue to suspend the driving privileges of respondent, Lawrence E. Bradford. The judgment, entered after a trial de novo, was based upon the trial court's finding that the Director had failed to meet his burden of proof "to wit, that the machine was in proper working order at time of testing." We reverse.

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