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McFARLAND v. WILSON

No. WD 57980.

33 S.W.3d 691 (2000)

Theresa Kay McFARLAND, Respondent, v. Quentin WILSON, Director of Revenue, Appellant, P.O. Bewick, Defendant.

Missouri Court of Appeals, Western District.

December 19, 2000.

Attorney(s) appearing for the Case

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

Robert H. Martin, Independence, for respondent.

Before Presiding Judge LOWENSTEIN, Judge LAURA DENVIR STITH and Judge NEWTON.

LAURA DENVIR STITH, Judge.

Respondent Theresa McFarland was arrested for driving while intoxicated and, pursuant to Section 577.041 RSMo Cum. Supp.1998, the Director of Revenue suspended her driving privileges for one year for failing to submit to a breathalyzer test. Ms. McFarland appealed that suspension. At trial, the Director attempted to prove that Ms. McFarland was arrested upon probable cause and failed to submit to a breathalyzer test, despite a procedurally...

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