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HIEGER v. DIRECTOR OF REVENUE

No. 51018.

733 S.W.2d 491 (1987)

David B. HIEGER, Appellant, v. DIRECTOR OF REVENUE, Respondent.

Missouri Court of Appeals, Eastern District, Division One.

July 21, 1987.

Attorney(s) appearing for the Case

Daniel V. Boeckman, Elizabeth W. Swann, O'Fallon, for appellant.

William L. Webster, Atty. Gen., James A. Chenault, III, Sp. Asst. Atty. Gen., Jefferson City, for respondent.

CRIST, Judge.

Appellant (driver) was found by a preponderance of the evidence to have been driving a motor vehicle while his blood alcohol concentration (BAC) was .13 percent or more by weight, contrary to § 302.505, RSMo 1986. We affirm.

The question is whether the State made a submissible case of proving driver had a BAC of .13 percent or more by weight at the time he was driving, when the evidence was he...

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