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McKOWN v. DIRECTOR OF REVENUE

No. WD 50525.

908 S.W.2d 178 (1995)

John Martin McKOWN, Respondent, v. DIRECTOR OF REVENUE, Appellant.

Missouri Court of Appeals, Western District.

October 24, 1995.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, Jane Barkley, Sp. Asst. Atty. Gen., Mo. Dept. of Revenue, Independence, for appellant.

Robert G. Harrison, Liberty, for respondent.

Before SPINDEN, P.J., and BRECKENRIDGE and SMART, JJ.

SPINDEN, Presiding Judge.

After John Martin McKown was arrested for driving while intoxicated, the director of the Department of Revenue suspended his driver's license pursuant to §§ 302.500 to 302.541, RSMo 1994. McKown sought a trial de novo in the circuit court of Clay County. The parties asked the circuit court to resolve only one issue: whether police observed McKown long enough before administering a breath test. The circuit court concluded...

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