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VANGILDER v. DIRECTOR OF REVENUE

No. 71942.

954 S.W.2d 31 (1997)

Terry Lynn VANGILDER, Respondent, v. DIRECTOR OF REVENUE, Appellant.

Missouri Court of Appeals, Eastern District, Division Five.

October 14, 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.

Eric J. Wulff, St. Charles, for respondent.

CHARLES B. BLACKMAR, Senior Judge.

The respondent driver's driving privileges were revoked by the Department of Revenue because he tested .22 on an "Intoxylizer" test, well above the limit specified in Sec.

502.505-1, RSMo 1994. The circuit court set aside the revocation and the Director of Revenue appeals. We reverse.

The driver was stopped by a police officer during the early morning hours of March 29,...

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