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JOHNSON v. DIRECTOR OF REVENUE

No. WD 44329.

829 S.W.2d 572 (1992)

Lloyd Kim JOHNSON, Respondent, v. DIRECTOR OF REVENUE, State of Missouri, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied April 28, 1992.

Application to Transfer Denied June 2, 1992.

Attorney(s) appearing for the Case

William L. Webster, Atty. Gen., Van M. Pounds, Special Asst. Atty. Gen., Jefferson City, for appellant.

James J. Wheeler, Keytesville, for respondent.

Before LOWENSTEIN, C.J., BERREY, P.J., and BRECKENRIDGE, J.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 28, 1992.

BRECKENRIDGE, Judge.

The Director of Revenue appeals from an order of the trial court reinstating the driving privileges of Lloyd Kim Johnson, revoked pursuant to § 302.505.1, RSMo 1986 and § 302.525, RSMo 1986.1 The Director claims that the trial court erred in ordering reinstatement because there was no evidence of breathalyzer malfunction...

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