Supreme Court of Missouri

Adam Ford White, Respondent v. Director of Revenue, Appellant

August 3, 20102010 Mo. LEXIS 194

Summary

The Court affirmed reinstatement of White's driving privilege, holding that the director bore both the burden of proof and the burden of producing evidence in the trial de novo. Because White contested the officer's testimony through cross-examination and inconsistencies, the trial court could disbelieve all or part of that evidence, and the appellate court deferred to its credibility determinations. The Court also held that the trial court neither misapplied the law nor entered a judgment against the weight of the evidence. Chief Justice Price, concurring, agreed with the result but would not have overruled the prior precedent rejected by the majority.