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ORR v. DIRECTOR OF REVENUE

No. WD 59109.

54 S.W.3d 201 (2001)

Aaron Michael ORR, Respondent, v. DIRECTOR OF REVENUE, Appellant.

Missouri Court of Appeals, Western District.

August 28, 2001.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, Kip A. Stetzler, Asst. Atty. Gen., Kansas City, for Appellant.

Karl Madden, Jr., Moberly, for Respondent.

SPINDEN, Chief Judge.

The Director of Revenue appeals the circuit court's judgment reinstating Aaron Michael Orr's driving license. The director revoked Orr's driving license after he was arrested for driving while intoxicated on the ground that he refused to take a chemical breath test. The circuit court reinstated Orr's license because the director did not establish that the breathalyzer machine was "checked by a Type II permit holder within 35 days." We reverse...

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