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PHELPS v. DIRECTOR OF REVENUE

No. ED 78134.

47 S.W.3d 395 (2001)

Amber E. PHELPS, Respondent, v. DIRECTOR OF REVENUE, Appellant.

Missouri Court of Appeals, Eastern District, Division One.

June 12, 2001.

Attorney(s) appearing for the Case

Jeremian W. (Jay) Nixon, Atty. Gen., Jefferson City, Deborah A. Ledgerwood, Asst. Atty. Gen., Cape Girardeau, MO, for appellant.

Timothy F. Devereux, Clayton, MO, for respondents.

MARY RHODES RUSSELL, Judge.

The Director of Revenue ("Director") appeals from the trial court's judgment reinstating the driving privileges of Amber E. Phelps ("Driver"). Director asserts that the trial court erred because, under section 302.505 RSMo 2000,1 she presented uncontroverted evidence establishing a prima facie case for revocation of Driver's driving privileges. We agree and reverse and remand.

On July 23, 1999...

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