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STATE EX REL. DIRECTOR OF REVENUE v. GABBERT

No. 78537.

925 S.W.2d 838 (1996)

STATE ex rel. DIRECTOR OF REVENUE, STATE OF MISSOURI, Relator, v. Honorable A. Rex GABBERT, Judge Circuit Court, Clay County, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied August 20, 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 relator.

Jeffrey S. Eastman, Gladstone, for respondent.

ORIGINAL PROCEEDING IN PROHIBITION

PRICE, Judge.

I.

Bonnie Kay Sellars was arrested for driving while intoxicated. A breath analysis test indicated she had a blood alcohol concentration of 0.22%. Her driving privilege was suspended pursuant to § 302.525, RSMo 1994.1 The suspension was upheld after an administrative hearing. § 302.530. Sellars then filed a petition in the circuit court for a trial...

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