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SOVAL v. DIRECTOR OF REVENUE

No. WD 55726.

2 S.W.3d 854 (1999)

Mark David SOVAL, Respondent, v. DIRECTOR OF REVENUE, Appellant.

Missouri Court of Appeals, Western District.

September 28, 1999.

Attorney(s) appearing for the Case

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

Timothy R. Cisar, Lake Ozark, for Respondent.

Before LAURA DENVIR STITH, P.J., LOWENSTEIN and RIEDERER, JJ.

RIEDERER, Judge.

The Director of Revenue ("Director") appeals from the circuit court's judgment setting aside the Director's revocation of Respondent's driving privileges. Because we find that the Director established by a preponderance of the evidence that: (1) the authorities had probable cause to arrest the petitioner for driving while intoxicated; and (2) at the time of arrest, the petitioner's blood alcohol content was at least .10 percent, the judgment is reversed...

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