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KELLER v. DIRECTOR OF REVENUE

No. 71038.

947 S.W.2d 478 (1997)

Todd Allen KELLER, Plaintiff/Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Northern Division.

June 17, 1997.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., James A. Chenault, III, Special Asst. Atty. Gen., Mo. Dept. of Revenue, Jefferson City, for defendant/appellant.

Mark S. Wasinger, Hannibal, for plaintiff/respondent.

Before GERALD M. SMITH, P.J., and GRIMM and DOWD, JJ.

PER CURIAM.

The Director of Revenue (Director) appeals from the order of the Marion County Circuit Court reinstating the driving privileges of Todd Allen Keller (Driver). Director issued the revocation because of Driver's alleged refusal to submit to a chemical test. We reverse and remand.

On November 3, 1995, Driver filed a petition in the circuit court of Marion County stating that he was detained by a trooper...

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