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CALICOTTE v. DIRECTOR OF REVENUE

No. 23266.

20 S.W.3d 588 (2000)

Kevin Ray CALICOTTE, Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Appellant.

Missouri Court of Appeals, Southern District, Division One.

June 26, 2000.

Attorney(s) appearing for the Case

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

No appearance for respondent.

CROW, Presiding Judge.

Citing § 577.041.3,1 the Director of Revenue ("Director") revoked the license of Kevin Ray Calicotte ("Calicotte") to operate a motor vehicle. Director based the revocation on Calicotte's refusal to submit to a chemical test of his breath pursuant to § 577.020.1.

Calicotte petitioned the circuit court for review per § 577.041.4. Following an evidentiary hearing, the court entered judgment nullifying...

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