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DELZELL v. LOHMAN

No. 22270.

983 S.W.2d 633 (1999)

Michael S. DELZELL, Petitioner-Respondent, v. Janette LOHMAN, Director of Revenue, Respondent-Appellant.

Missouri Court of Appeals, Southern District, Division One.

January 22, 1999.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Evan J. Buchheim, Asst. Atty. Gen., for Appellant.

No brief filed by Respondent.

JAMES K. PREWITT, Presiding Judge.

Petitioner's driver's license was suspended by the Director of Revenue, pursuant to § 302.505, RSMo Supp.1996, for driving with a blood alcohol concentration of at least .10%. Petitioner sought a trial de novo in Jasper County Circuit Court. Following the trial, the circuit court set aside the suspension. The Director appeals from that judgment.

Petitioner did not file a brief in this appeal and, while there is no penalty...

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