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WHITAKER v. DIRECTOR OF REVENUE

No. 69338.

943 S.W.2d 279 (1997)

David L. WHITAKER, Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Appellant.

Missouri Court of Appeals, Eastern District, Division One.

March 25, 1997.

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.

Gerald J. Harvath, Pacific, for respondent.

Before DOWD, P.J., and REINHARD and GARY M. GAERTNER, JJ.

PER CURIAM.

Appellant, the Director of Revenue ("Director"), appeals the judgment of the Circuit Court of Franklin County reinstating David L. Whitaker's ("driver's") driving privileges which had been revoked pursuant to RSMo § 577.041.1 We reverse and remand.

Driver was arrested on June 28, 1995, for driving while intoxicated. The arresting officer requested driver take a breathalyzer test to determine his blood alcohol content...

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