MOUNT v. DIRECTOR OF REVENUE, STATE OF MO.

No. WD 59203.

62 S.W.3d 597 (2001)

Charles J. MOUNT, Appellant, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Respondent.

Missouri Court of Appeals, Western District.

December 4, 2001.


Attorney(s) appearing for the Case

Mary Ann Drape, Kansas City, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, Carolyn McCarthy, Asst. Atty. Gen., Kansas City, for respondent.

Before HOWARD, P.J., and BRECKENRIDGE and NEWTON, JJ.


VICTOR C. HOWARD, Presiding Judge.

Charles J. Mount appeals from the trial court's judgment sustaining the Director of Revenue's revocation of his driving privileges. Mount's sole point on appeal is that the trial court erred in finding in favor of the Director because the Director did not prove that a statutorily sufficient request was made to him to take a breathalyzer test, as required by § 577.041.

We reverse.

Facts

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