TROTTER v. BENTON

No. 17358.

811 S.W.2d 865 (1991)

Richard E. TROTTER, Plaintiff-Respondent, v. Duane BENTON, Director of Department of Revenue, the State of Missouri, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

July 22, 1991.


Attorney(s) appearing for the Case

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

Dale E. Nunnery, Swindle and Nunnery, Doniphan, for plaintiff-respondent.


PREWITT, Presiding Judge.

Defendant gave notice to plaintiff under § 302.291, RSMo Supp.1989, requiring him to submit to an examination of his ability to operate a motor vehicle. That section is set out below.1

Plaintiff did not pass the test and his driving privileges were revoked. He thereafter petitioned the circuit court to reverse defendant's order and order defendant to reinstate plaintiff's driving privileges.

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