Salas-Cox v. Director of Revenue
Salas-Cox v. Director of Revenue
Opinion of the Court
The Director of Revenue (“Director”) appeals from a judgment of the Circuit Court of Taney County ordering Director to reinstate the license of Susanna Salas-Cox (“Respondent”) to operate a motor vehicle, which had been revoked pursuant to section 577.041.
Further, this Court has reviewed and considered Respondent’s response to its order of March 28, 2006. A record of the evidence adduced at the hearing is necessary to review any alleged error in regard to these findings. See Hardin v. Director of Revenue, 991 S.W.2d 160, 161 (Mo.App. S.D. 1999). Here, no such record exists. “Under these circumstances, the correct procedure is to reverse the judgment of the trial court and remand for a new trial.” Id (citing Keller v. Director of Revenue, 947 S.W.2d 478, 479 (Mo.App. E.D. 1997); see also Henzlik v. Director of Revenue, 951 S.W.2d 760, 762 (Mo.App. S.D. 1997); Wolansky v. Director of Revenue, 936 S.W.2d 578, 579 (Mo.App. S.D. 1996)). Because there was no sound recording, we have no choice but to reverse and remand.
Accordingly, we reverse the judgment of the trial court and remand for a new trial on the record.
. All references to statutes are to RSMo 2000, unless otherwise specified.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.