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SMITH v. DIRECTOR OF REVENUE

No. ED 74662.

8 S.W.3d 179 (1999)

Jay Dee SMITH, Respondent, v. DIRECTOR OF REVENUE, Appellant.

Missouri Court of Appeals, Eastern District, Northern Division.

December 7, 1999.

Attorney(s) appearing for the Case

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

Stephen Ray Porter, Monroe City, for respondent.

CLIFFORD H. AHRENS, Judge.

The Director of Revenue ("DOR") appeals a judgment by the Monroe County Circuit Court reinstating the driving privileges of Jay Dee Smith ("driver"). The DOR claims it proved a license revocation prima facie case by showing driver was arrested upon probable cause that he was driving while intoxicated and driver's blood alcohol content ("BAC") was .189 percent at the time of arrest. The DOR maintains driver failed to rebut this

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