WELLNER v. DIRECTOR OF REVENUE

No. WD 52981.

949 S.W.2d 683 (1997)

Gary P. WELLNER, Appellant, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Respondent.

Missouri Court of Appeals, Western District.

August 12, 1997.


Attorney(s) appearing for the Case

Michael C. McIntosh, Independence, for appellant.

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

Before BERREY, P.J., and SMART and EDWIN H. SMITH, JJ.


BERREY, Presiding Judge.

Appellant appeals the suspension of his driver's license by the Director of Revenue.

Appellant was stopped at a sobriety check point, arrested and given a breath test on the breathalyzer 5000. He tested .11%.

Wellner raises two points on appeal: 1) that the trial court erroneously admitted inadmissible hearsay evidence without which there was insufficient evidence to establish probable cause to arrest him for DWI, and 2) that...

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