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EYBERG v. DIRECTOR OF REVENUE

No. 20951.

935 S.W.2d 376 (1996)

James Bowles EYBERG, Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Appellant.

Missouri Court of Appeals, Southern District, Division Two.

November 15, 1996.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Attorney General, James A. Chenault, III, Sp. Asst. Atty. Gen., Mo. Dept. of Revenue, Jefferson City, for appellant.

John A. Clayton, Thomas, Birdsong, Clayton, & Becker, P.C., Rolla, for respondent.

MONTGOMERY, Chief Judge.

The Director of Revenue (Director) suspended the driver's license of James Bowles Eyberg (Petitioner) based on the provisions of § 302.505.1 Later, Petitioner filed a Petition for Trial De Novo as allowed by § 302.535.

At trial, Petitioner stipulated he was arrested upon probable cause that he was driving a motor vehicle while the alcohol concentration in his blood exceeded .10 percent by weight...

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