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OWINGS v. DIRECTOR OF REVENUE

No. WD36091.

701 S.W.2d 438 (1985)

Larry J. OWINGS, Appellant, v. DIRECTOR OF REVENUE, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied August 27, 1985.

Application to Transfer Denied January 15, 1986.

Attorney(s) appearing for the Case

L.R. Magee, Hines & Magee, Kansas City, for appellant.

John Ashcroft, Atty. Gen., Ninion S. Riley Gen. Counsel Dept. of Revenue, Sp. Asst. Atty. Gen., Richard L. Wieler, Asst. Atty. Gen., Sharon M. Busch, Asst. Gen. Counsel, Missouri Dept. of Revenue, Jefferson City, for respondent.

Missouri Ass'n of Criminal Defense Lawyers, Robert G. Duncan, President, Kansas City, Robert C. Welch, Paden, Welch, Martin, Albano Graeff, P.C., Robert H. Martin, Paden, Welch, Martin, Albano, Graeff, P.C., Independence, James H. Bell, Kansas City, on brief of amicus curiae.

Before LOWENSTEIN, P.J., and NUGENT and BERREY, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied August 27, 1985.

LOWENSTEIN, Presiding Judge.

This appeal arises out of Sections 302.500-540 RSMo Cum.Supp.1984 which allow the Director of Revenue to suspend or revoke motor vehicle driving privileges for alcohol related driving offenses. The issue arises out of the apellant Owings' interpretation of the following language of § 302.505:

The department shall suspend the...

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