SEABAUGH v. DIRECTOR OF REVENUE

No. 72760.

969 S.W.2d 824 (1998)

Timothy M. SEABAUGH, Respondent, v. DIRECTOR OF REVENUE, Appellant.

Missouri Court of Appeals, Eastern District, Southern Division.

May 26, 1998.


Attorney(s) appearing for the Case

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

David J. Roth, II, Cape Girardeau, for respondent.


ROBERT G. DOWD, Jr., Judge.

Director of Revenue (Director) appeals from judgment in favor of Timothy M. Seabaugh, setting aside the suspension/revocation of his driving privilege. Director asserts the trial court erred in finding the Director failed to show compliance with regulations. We reverse.

On May 19, 1996, Seabaugh was stopped for driving while intoxicated. Results of the breath test, which was administered using the DataMaster breath analyzer, indicated...

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