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SCHMIDT v. DIRECTOR OF REVENUE

No. WD 59124.

48 S.W.3d 688 (2001)

James M. SCHMIDT, Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Appellant.

Missouri Court of Appeals, Western District.

June 29, 2001.

Attorney(s) appearing for the Case

Michael C. McIntosh, Independence, for Respondent.

Jeremiah W. (Jay) Nixon, Attorney General, Barry A. Gilbert, Assistant Attorney General, Jefferson City, for Appellant.

Before EDWIN H. SMITH, P.J., and SMART and HOWARD, JJ.

HOWARD, Judge.

The Director of Revenue appeals from the trial court's directed verdict in favor of James Schmidt, setting aside the Director's revocation of Schmidt's driving privileges under § 577.0411 for refusing to submit to a chemical test. In her sole point on appeal, the Director contends that the trial court erred in granting Schmidt's motion for directed verdict because the Director made a prima facie case for suspending...

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