PETERS v. DIRECTOR OF REVENUE

No. 23593.

35 S.W.3d 891 (2001)

Richard S. PETERS, Petitioner-Respondent, v. DIRECTOR OF REVENUE, Respondent-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

January 23, 2001.


Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Stacy L. Anderson, Asst. Atty. Gen., Jefferson City, MO, Attorneys for Appellant.

David S. Akers, Allman, Ingrum, Wilson & Akers, L.L.C., Branson, MO, Attorney for Respondent.


PREWITT, Judge.

The Director of Revenue appeals from a decision of the Circuit Court of Taney County, Missouri that set aside the Director's revocation of Peters' driving privilege for driving with an alcohol concentration of at least .10%. At trial, the following evidence was presented:

At approximately one o'clock in the morning on March 30, 1999, Officer Ferrell Jeter of the Hollister police department was driving...

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