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BUCHHEIT v. DIRECTOR OF REVENUE

No. 62569.

856 S.W.2d 349 (1993)

Leo E. BUCHHEIT, Respondent, v. DIRECTOR OF REVENUE STATE OF MISSOURI, Appellant.

Missouri Court of Appeals, Eastern District, Division One.

Rehearing Denied July 14, 1993.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., James A. Chenault, III, Sp. Asst. Atty. Gen., Missouri Dept. of Revenue, Jefferson City, for appellant.

Tom K. O'Loughlin, II, J. Patrick O'Loughlin, Cape Girardeau, for respondent.

CRIST, Judge.

The Director of Revenue (Revenue) appeals the trial court's order granting Respondent (Buchheit) hardship driving privileges pursuant to § 302.309, RSMo Supp. 1992. We reverse and remand.

On January 16, 1991, Buchheit was arrested for driving while intoxicated. He refused to take a breathalyzer test. On March 15, 1991, Revenue issued notice that his license was to be revoked for failing to take the breathalyzer. Buchheit appealed this decision...

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