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KENNEDY v. DIRECTOR OF REVENUE

No. 24386.

73 S.W.3d 85 (2002)

Stephen Neil KENNEDY, Petitioner-Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Respondent-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

April 30, 2002.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Shannon Wright Morgan, Asst. Atty. Gen., Jefferson City, for Appellant.

Daniel T. Moore, Moore & Walsh, L.L.P., Poplar Bluff, for respondent.

NANCY STEFFEN RAHMEYER, Judge.

Stephen Neil Kennedy ("Kennedy") was arrested for driving while intoxicated. Trooper Myron Downey ("Downey") gave Kennedy a breath analysis test, which indicated a blood alcohol concentration ("BAC") of .152 percent. After the initial test, however, the breath analyzer machine gave a status code reading, "system won't zero." As a result, three minutes later Downey gave Kennedy a second test which showed Kennedy's BAC as .144 percent...

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