Hernan Acevedo, Respondent v. Director of Revenue, State of Missouri, Appellant.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Eastern District Case Style: Hernan Acevedo, Respondent v. Director of Revenue, State of Missouri, Appellant. Case Number: ED88462 Handdown Date: 05/01/2007 Appeal From: Circuit Court of St. Louis County, Hon. Barbara Wallace Counsel for Appellant: Cheryl Caponegro Nield Counsel for Respondent: John F. Newsham Opinion Summary: The director of revenue appeals the trial court's judgment reinstating the driving privileges of Hernan Acevedo. REVERSED AND REMANDED. Division Four holds: The failure to make a record of the proceedings requires remand for a hearing on the record. Citation: Opinion Author: Roy L. Richter, Presiding Judge Opinion Vote: REVERSED AND REMANDED. Crane, J., and Sullivan, J., Concur. Opinion: The Director of Revenue ("Director") appeals the trial court's judgment reinstating the driving privileges of Hernan

Acevedo ("Driver"). We reverse and remand. I. BACKGROUND After a May 20, 2005 arrest for driving while intoxicated and leaving the scene of an accident, Appellant filed a Petition for Trial De Novo on November 18, 2005. The case was assigned to Division 46 "for hearing and determination on the record under practices and procedures applicable before Circuit Judges; record to be made by electronic recording device." On May 15, 2006, the Traffic Commissioner entered its Findings and Recommendations of Commissioner and Judgment of the Court. There was no record made of this hearing that, presumably, was held at some point prior to entry of the Findings and Recommendations of Commissioner and Judgment of the Court. The Judgment indicates that evidence was adduced. The Commissioner found in favor of Driver. Director appeals. As stated in Panhorst v. Director of Revenue, "we must reverse and remand to the trial court because the trial court failed to preserve a record of the proceeding." 894 S.W.2d 168, 169 (Mo. banc 1995). II. CONCLUSION The judgment is reversed, and the cause is remanded for a hearing on the record. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.