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McCABE v. DIRECTOR OF REVENUE

Nos. ED 75430, ED 75436.

7 S.W.3d 12 (1999)

Kevin James McCABE, Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

Rehearing Denied December 9, 1999.

Attorney(s) appearing for the Case

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

Kevin R. Kelly, Hazelwood, for respondent.

WILLIAM H. CRANDALL, Jr., Presiding Judge.

The Director of Revenue (Director) appeals from the judgment reinstating Kevin McCabe's driving privileges. We reverse and remand.

On September 25, 1997, a St. Louis County police officer arrested McCabe for driving while intoxicated. According to the officer, McCabe refused to submit to a breath test. Director notified McCabe that pursuant to section 577.041 RSMO Cum.Supp...

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