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SULLINS v. DIRECTOR OF REVENUE, STATE OF MO.

No. 19669.

893 S.W.2d 848 (1995)

John Eugene SULLINS, Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Appellant.

Missouri Court of Appeals, Southern District, Division One.

February 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.

No appearance, for respondent.

MONTGOMERY, Judge.

This appeal involves judicial review of the revocation of John Eugene Sullins' driving privileges for refusing a chemical test for intoxication under § 577.041.1 After a hearing the trial court ordered reinstatement of Sullins' driving privileges. The Director of Revenue (Director) appeals. The judgment is reversed.

In the early morning hours of March 3, 1990, Officers Ely and Kidwell of the Houston, Missouri...

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