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PERSONS v. DIRECTOR OF REVENUE, STATE OF MISSOURI

No. 72764.

968 S.W.2d 259 (1998)

Tom Edward PERSONS, Plaintiff/Appellant, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Defendant/Respondent.

Missouri Court of Appeals, Eastern District, Division One.

May 19, 1998.

Attorney(s) appearing for the Case

Stephen Ray Porter, Monroe City, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Evan J. Buchheim, Asst. Atty. Gen., Jefferson City, for respondent.

Before GRIMM, P.J., and PUDLOWSKI and GARY M. GAERTNER, JJ.

ORDER

PER CURIAM.

The Director of Revenue revoked driver's license for one year for refusing to submit to a blood alcohol test. Driver filed a petition, and the trial court conducted a hearing. See section 577.041.4, RSMo 1994. Following the hearing, the trial court denied the petition and affirmed the revocation.

Driver appeals. In his sole point, he contends that there was no evidence that he "was physically driving or operating a...

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