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ANDERSON v. DIRECTOR OF REVENUE

No. 72622.

969 S.W.2d 899 (1998)

Thomas William ANDERSON, Plaintiff/Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

June 16, 1998.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Keith D. Halcomb, Asst. Atty. Gen., Jefferson City, for defendant/appellant.

Frank M. Hankin, Michael J. Smith, Clayton, for plaintiff/respondent.

ROBERT G. DOWD, Jr., Presiding Judge.

Director of Revenue (Director) appeals from the judgment of the trial court reinstating the driving privileges of Thomas William Anderson (Anderson). The Director alleges the trial court erred when it: (1) determined that Anderson's breath test results were inadmissible and, (2) required the Director to prove that the breath machine was properly maintained by an authorized permit holder before the results could be admitted. We...

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