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DIRECTOR OF REVENUE v. OLIPHANT

No. WD 52631.

938 S.W.2d 345 (1997)

DIRECTOR OF REVENUE, Appellant, v. Jimmie L. OLIPHANT, Respondent.

Missouri Court of Appeals, Western District.

February 11, 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.

David Lodwick, Excelsior Springs, for respondent.

SPINDEN, Judge.

The director of the Department of Revenue suspended Jimmie Oliphant's license to drive pursuant to § 302.5051 after a breath test revealed that Oliphant was driving with a blood alcohol content of more than .10 percent. Although Oliphant agreed to take the breath test, the circuit court ordered that the license be reinstated because a police officer mistakenly gave him the warning typically given to suspected drunk...

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