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TESON v. DIRECTOR OF REVENUE

No. 78991.

937 S.W.2d 195 (1996)

Thomas J. TESON, Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Appellant.

Supreme Court of Missouri, En Banc.

December 17, 1996.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Attorney General, Karen King Mitchell, Paul Wilson, Assistant Attorneys General, James A. Chenault, III, Special Assistant Attorney General, Mo. Dept. of Revenue, Jefferson City, for appellant.

Timothy J. Melenbrink, Union, for respondent.

ROBERTSON, Judge.

Section 577.041.1, RSMo 1994, requires that a law enforcement officer arresting a person for driving while intoxicated "shall inform the person ... that his license shall be immediately revoked upon his refusal to take the test [to determine the alcohol content of his blood]." When an arrestee refuses to submit to a chemical test and the arresting officer fails to use the word "immediately" in warning...

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