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SLUSHER v. SCHAFFNER

No. KCD 26120.

495 S.W.2d 135 (1973)

Lawrence J. SLUSHER, Appellant, v. James E. SCHAFFNER, Director of Revenue, State of Missouri, Respondent.

Missouri Court of Appeals, Kansas City District.

May 3, 1973.

Attorney(s) appearing for the Case

James R. Wyrsch, Koenigsdorf, Kaplan, Kraft, Fox & Kusnetzky, Kansas City, for appellant.

John C. Danforth, Atty. Gen., Mark D. Mittleman, Asst. Atty. Gen., Jefferson City, for respondent.

Before WASSERSTROM, P. J., and SHANGLER and SWOFFORD, JJ.

SWOFFORD, Judge.

On September 1, 1971, an off-duty member of the Raytown Missouri Police Department observed the appellant driving his automobile at night without lights and with a flat tire. He arrested appellant and took him to the police station where he was charged with six traffic offenses, including the charge of driving a motor vehicle while under the influence of intoxicating liquor. At the police station, the breathalyzer

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