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BIRDNOW v. DIRECTOR OF REVENUE

No. 55083.

767 S.W.2d 384 (1989)

Virge Lee BIRDNOW, Petitioner-Respondent, v. DIRECTOR OF REVENUE, State of Missouri, Respondent-Appellant.

Missouri Court of Appeals, Eastern District, Division Five.

April 4, 1989.

Attorney(s) appearing for the Case

Jatha B. Sadowski, Jefferson City, for respondent-appellant.

James Dailey Wahl, St. Louis, for petitioner-respondent.

PUDLOWSKI, Chief Judge.

Appellant, Director of Revenue, State of Missouri, appeals the circuit court's order reinstating the driving privileges of respondent, Virge Lee Birdnow, suspended pursuant to § 302.535.1 RSMo.

On November 23, 1987, respondent was arrested on charges of failure to yield to an emergency vehicle and driving while intoxicated. Police Officer Ronald Martin administered a breath analysis test. The test assessed respondent's blood alcohol...

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