SEIBUHR v. WAGNER

No. 63569.

873 S.W.2d 955 (1994)

Keith E. SEIBUHR, Plaintiff/Appellant, v. Raymond T. WAGNER, etc., Defendant/Respondent.

Missouri Court of Appeals, Eastern District, Division One.

April 26, 1994.


Attorney(s) appearing for the Case

Daniel E. Nack, St. Charles, for plaintiff-appellant.

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


REINHARD, Judge.

Petitioner appeals the trial court's denial of his petition to reinstate his driving privileges. We reverse and remand.

Petitioner allegedly failed to submit to a chemical test on August 29, 1992. The Director of Revenue (Director) mailed a notice revoking petitioner's driving privileges on September 18, 1992. Petitioner filed his petition on October 23, 1992, thirty-five days later.

On appeal, the Director argues that the trial court...

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