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ROBERTS v. DIRECTOR OF REVENUE

No. 71932.

959 S.W.2d 949 (1998)

Thomas M. ROBERTS, Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Appellant.

Missouri Court of Appeals, Eastern District, Division Five.

January 27, 1998.

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.

Ronald J. Brockmeyer, St. Charles, for respondent.

Before CRAHAN, C.J., RICHARD B. TEITELMAN, J., and CHARLES B. BLACKMAR, Senior Judge.

PER CURIAM.

The Director of Revenue (Director) appeals the judgment restoring the license of Thomas Roberts (Licensee) after it had been suspended pursuant to Section 302.505, RSMo 1994. We reverse and remand.

On June 4, 1996, the Department of Revenue suspended Licensee's driver's license, finding probable cause to believe Licensee was driving a motor vehicle while his blood alcohol concentration was .10% or more by weight. Licensee filed a petition for trial...

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