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McCOY v. DIRECTOR OF REVENUE

No. 69357.

941 S.W.2d 744 (1997)

Michael C. McCOY, Petitioner/Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Respondent/Appellant.

Missouri Court of Appeals, Eastern District, Division One.

March 11, 1997.

Attorney(s) appearing for the Case

Jeremiah W. (Jay), Nixon, Attorney General, James A. Chenault, III, Special Assistant Attorney General, Missouri Department of Revenue, Jefferson City, for respondent/appellant.

Jonathan Lloyd Downard, Hensen, Stierberber, Downard & Milenbrink, Union, for petitioner/respondent.

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

PER CURIAM.

The Director of Revenue (Director) appeals from the judgment reinstating petitioner's driving privileges. We reverse and remand.

Petitioner's driving privileges were suspended after he refused to submit to a chemical test to determine his blood-alcohol content. § 577.041, RSMo 1994. The trial court subsequently granted his petition for review, finding that Director had failed to prove that petitioner...

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