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WALLACE v. DIRECTOR OF REVENUE

No. WD 39714.

754 S.W.2d 900 (1988)

Michael E. WALLACE, Respondent, v. DIRECTOR OF REVENUE, State of Missouri, Appellant.

Missouri Court of Appeals, Western District.

July 19, 1988.

Attorney(s) appearing for the Case

William Webster, Atty. Gen., Cynthia Green, Asst. Atty. Gen., Jefferson City, for appellant.

Paul Mudd, Independence, for respondent.

Before KENNEDY, C.J., and SHANGLER and BERREY, JJ.

PER CURIAM.

Michael E. Wallace was arrested for driving while intoxicated. The Department of Revenue issued an order suspending his driver's license pursuant to §§ 302.500-.540, RSMo 1986. The license was ordered reinstated, however, following a trial de novo and the director now appeals.

The judgment is reversed.

The circumstances leading to Wallace's arrest were a matter of some dispute at trial. The arresting officer, a state trooper,...

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