On appeal, the Director contends the trial court erred in reinstating Driver's driving privileges, because the trial court misinterpreted the law and its decision was against the weight of the evidence. Director argues that the evidence admitted at trial shows Driver was operating the vehicle and that the officer could properly rely upon an eyewitness's statement in establishing probable cause. It is unclear to this Court, based on the record before it, what evidence was before the trial court and the basis of its decision. The Director cites to pages one and 22 of the legal file to support this contention. These pages do not support this assertion.
Page one contains the minute entries.
None of the entries indicate the case was submitted on the Department of Revenue's certified records. Page 22 contains a copy of the judgment entered by the court. Again, the judgment does not support the Director's assertion. Indeed, the judgment indicates that the parties appeared, announced they were ready, evidence was adduced and the case submitted. The judgment does not refer to exactly what evidence was adduced.