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STATE EX REL. DIRECTOR OF REV. v. GAERTNER

No. SC 82436.

32 S.W.3d 564 (2000)

STATE ex rel. DIRECTOR OF REVENUE, STATE OF MISSOURI, Relator, v. The Honorable Gary M. GAERTNER, Jr., Judge, Circuit Court of St. Louis County, Div. 6, 21st Judicial Circuit, Respondent.

Supreme Court of Missouri, En Banc.

December 5, 2000.

Attorney(s) appearing for the Case

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

Kerry Aileen Simpson, David O. Danis, St. Louis, for Respondent.

ORIGINAL PROCEEDING IN PROHIBITION.

PRICE, Chief Justice.

The Director of Revenue seeks a writ of prohibition to prevent the Circuit Court of St. Louis County from reviewing a driver's license revocation. The Director contends that the Circuit Court of St. Louis County lacks subject matter jurisdiction to review a driver's license revocation that arose when a driver refused to submit to a chemical test to determine blood alcohol content after being arrested...

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