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BORGEN v. DIRECTOR OF REVENUE

No. WD 48236.

877 S.W.2d 172 (1994)

Robert Duane BORGEN, Respondent, v. DIRECTOR OF REVENUE, Appellant.

Missouri Court of Appeals, Western District.

May 24, 1994.

Attorney(s) appearing for the Case

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

Charles M. Fitzgerald, Fitzgerald, Fitzgerald & Carter, Warrensburg, for respondent.

Before SMART, P.J., and LOWENSTEIN and FENNER, JJ.

PER CURIAM:

This appeal involves judicial review of the revocation of Robert Duane Borgen's driving privileges for refusing a chemical test for intoxication under § 577.041, RSMo Supp. 1992. After a hearing, the trial judge ordered reinstatement of Borgen's driving privileges. The Director of Revenue appeals. The judgment is reversed and the case is remanded.

On September 11, 1992, at approximately 11:30 p.m., Officer Matthew Vessar of Central Missouri...

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