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McINERNEY v. DIRECTOR OF REVENUE

No. ED 76249.

12 S.W.3d 403 (2000)

James McINERNEY, Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Appellant.

Missouri Court of Appeals, Eastern District, Division Seven.

February 29, 2000.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., James A. Chenault, III, Sp. Asst. Atty. Gen., Mo. Dept. of Revenue, Jefferson City, for appellant.

Charles H. Billings, St. Louis, for respondent.

MARY RHODES RUSSELL, C.J.

The Director of Revenue ("director") appeals the trial court's judgment reinstating the driving privileges of James McInerney ("driver"). The director claims the trial court lacked jurisdiction in that driver failed to meet his burden of proving his petition was timely filed. We agree, and reverse and remand.

Driver was arrested for driving while intoxicated on July 2, 1998. He struck two parked cars and demonstrated other signs of...

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