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JUSTICE v. DIRECTOR OF REVENUE

No. WD 49164.

890 S.W.2d 728 (1995)

Michael G. JUSTICE, Respondent, v. DIRECTOR OF REVENUE, Appellant.

Missouri Court of Appeals, Western District.

January 10, 1995.

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.

Michael G. Justice, pro se.

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

PER CURIAM:

The Director of Revenue (Director) appeals the trial court's order which reinstated the respondent's driver's license following his refusal to take a breathalyzer test as required by § 577.041.4, RSMo Supp.1993. We reverse and remand.

At the conclusion of the hearing, the trial court stated that the respondent had not refused to take the breathalyzer test because the police had previously administered a breathalyzer test before the one the...

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