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HAMPTON v. DIRECTOR OF REVENUE

No. WD 57123.

22 S.W.3d 217 (2000)

Roy HAMPTON, Respondent, v. DIRECTOR OF REVENUE, Appellant.

Missouri Court of Appeals, Western District.

July 18, 2000.

Attorney(s) appearing for the Case

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

James Kelso Journey, Clinton, for respondent.

Before VICTOR C. HOWARD, Presiding Judge, Judge JOSEPH M. ELLIS and Judge LAURA DENVIR STITH.

LAURA DENVIR STITH, Judge.

Respondent Roy Hampton was arrested for driving while intoxicated and, pursuant to Section 302.505 RSMo. Cum.Supp.1996, the Director suspended his driving privileges. Mr. Hampton appealed that suspension. Following a trial at which the Director attempted to prove that Mr. Hampton was arrested upon probable cause to believe that he was driving while intoxicated, the trial court entered judgment for Mr. Hampton. It found that, based on the...

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