BENSON v. DIRECTOR OF REVENUE

No. WD 52459.

937 S.W.2d 768 (1997)

James Matthew BENSON, Appellant, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Respondent.

Missouri Court of Appeals, Western District.

Decided February 4, 1997.


Attorney(s) appearing for the Case

Daniel W. Deiter, Montgomery City, for appellant.

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

Before LOWENSTEIN, P.J., and BRECKENRIDGE and SMART, JJ.


PER CURIAM:

James Benson appeals from a decision of the trial court upholding the Director of Revenue's action in revoking his driving privilege. Benson claims that the trial court erred in finding that he had refused to take a breath test because: (1) there is no substantial evidence that the machine used in the testing was a chemical test as provided for in § 577.020, RSMo 1994; and (2) the evidence is undisputed that Benson blew into the machine in a manner...

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