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PEELER v. DIRECTOR OF REVENUE

No. 69128.

934 S.W.2d 329 (1996)

Stanley Glenn PEELER, Respondent, v. DIRECTOR OF REVENUE, State of Missouri, Appellant.

Missouri Court of Appeals, Eastern District, Division One.

November 19, 1996.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Rodney P. Massman, Sp. Asst. Atty. Gen., Mo. Dept. of Revenue, Jefferson City, for appellant.

Malcolm Henry Montgomery, Johnson, Montgomery & Maguire, Cape Girardeau, for respondent.

GARY M. GAERTNER, Judge.

Appellant, the Director of Revenue ("Director"), appeals the judgment of the Circuit Court of Cape Girardeau County setting aside the suspension of Stanley Peeler's ("driver's") driving privileges, imposed pursuant to RSMo § 302.505.1 We reverse and remand.

The circumstances giving rise to the suspension of driver's license are as follows: On the evening of December 15, 1994, the Cape Girardeau Police...

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