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WILCUTT v. DIRECTOR OF REVENUE

No. ED 76722.

18 S.W.3d 548 (2000)

Roy M. WILCUTT, Respondent, v. DIRECTOR OF REVENUE, Appellant.

Missouri Court of Appeals, Eastern District, Southern Division.

May 30, 2000.

Attorney(s) appearing for the Case

Walter S. Drusch, Jr., Lowes & Drusch, Cape Girardeau, for respondent.

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

SHERRI B. SULLIVAN, Judge.

Director of Revenue ("Director") appeals from the trial court's judgment reinstating the driving privileges of Roy M. Wilcutt ("Driver") and setting aside Director's order suspending Driver's driver's license under Section 302.5051 for driving a motor vehicle with a blood alcohol concentration of at least .10% by weight. The trial court found that Director failed to sustain his burden of proof for the admissibility...

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