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McDANIEL v. DIRECTOR OF REVENUE

No. 19007.

875 S.W.2d 245 (1994)

Michael Lee McDANIEL, Petitioner-Appellant, v. DIRECTOR OF REVENUE, State of Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

May 5, 1994.

Attorney(s) appearing for the Case

Mike Holzknecht, New Madrid, for petitioner-appellant.

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

PREWITT, Judge.

The Department of Revenue notified petitioner that his privileges of operating a motor vehicle were being suspended because he was arrested upon probable cause to believe he was driving a motor vehicle while the alcohol concentration in his blood or breath was ten-hundredths of one percent or more by weight of alcohol in his blood. See § 302.505, RSMo Supp.1993. He sought trial de novo under § 302.535, RSMo 1986, of an administrative decision...

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