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McGILL v. DIRECTOR OF REVENUE

No. WD 56753.

17 S.W.3d 912 (2000)

Jeffrey S. McGILL, Respondent, v. DIRECTOR OF REVENUE, Appellant.

Missouri Court of Appeals, Western District.

Decided May 23, 2000.

Attorney(s) appearing for the Case

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

Garry Lee Helm, Independence, for respondent.

Before JAMES M. SMART, P.J.; JOSEPH M. ELLIS and EDWIN H. SMITH, JJ.

PER CURIAM.

The Director of Revenue appeals the trial court's ruling setting aside the revocation of Jeffrey McGill's driving privilege after a trial de novo. The court found that the Director did not establish a prima facie case for revocation under § 302.505, RSMo Supp.1997. The court concluded that the Director had failed to prove that McGill had been driving within the meaning of the statute.

The motion to dismiss the appeal filed by...

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