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ELKINS v. DIRECTOR OF REVENUE

No. WD 38664.

728 S.W.2d 567 (1987)

Richard E. ELKINS, Respondent, v. DIRECTOR OF REVENUE, State of Missouri, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Denied April 28, 1987.

Attorney(s) appearing for the Case

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

Andrew S. Carroll, Warrensburg, for respondent.

Before KENNEDY, P.J., and LOWENSTEIN and GAITAN, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 28, 1987.

GAITAN, Judge.

Following his arrest for driving while intoxicated, Elkins's driving privileges were suspended pursuant to §§ 302.-500-.540, RSMo Supp.1984. His license was reinstated, however, after the judge hearing the trial de novo found that there was no evidence showing that the police officer who conducted the breathalyzer test was qualified to do so. The director...

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