HUMBERT v. BENTON

No. 17272.

811 S.W.2d 501 (1991)

Tony Shane HUMBERT, Plaintiff-Respondent, v. Duane BENTON, Director of Revenue, State of Missouri, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

July 11, 1991.


Attorney(s) appearing for the Case

William L. Webster, Atty. Gen., Jatha B. Sadowski, Sp. Asst. Atty. Gen., Jefferson City, for defendant-appellant.

No respondent's brief filed.


SHRUM, Judge.

The Director of Revenue ("Director") appeals from a judgment ordering him to reinstate the motor vehicle operator's license of Tony Shane Humbert. The Director revoked the license per § 302.505, RSMo 1986,1 because he received a verified report from a law enforcement officer that Humbert was arrested while operating a motor vehicle when the alcohol concentration in his blood or breath was 0.13% or more by weight.

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