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KOONS v. DIRECTOR OF REVENUE

No. WD 51984.

931 S.W.2d 210 (1996)

Carl Lee KOONS, Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Appellant.

Missouri Court of Appeals, Western District.

Decided October 15, 1996.

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.

John H. Edmiston, Warrensburg, for respondent.

Before HANNA, P.J., and SMART and EDWIN H. SMITH, JJ.

SMART, Judge.

The Director of Revenue ("Director") appeals a decision of the trial court which set aside the suspension of Carl Lee Koons' driving privileges. The Director argues that the trial court erred in setting aside the suspension because the evidence showed that there was probable cause to arrest Koons for driving while intoxicated and his blood alcohol content ("BAC") equaled or exceeded .10 per cent. The judgment of the trial court is reversed and the cause...

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