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BAIN v. WILSON

No. WD 58976.

69 S.W.3d 117 (2002)

Bobby G. BAIN, Respondent, v. Quentin WILSON, Director of Revenue for the Missouri Department of Revenue, Appellant.

Missouri Court of Appeals, Western District.

February 26, 2002.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Mark L. Langworthy, Asst. Atty. Gen., Jefferson City, for appellant.

Kenneth M. Hayden, Versailles, for respondent.

Before ULRICH, P.J., BRECKENRIDGE, J. and ELLIS, J.

ROBERT G. ULRICH, Presiding Judge.

The Director of Revenue [hereinafter "Director"] appeals the judgment of the trial court reinstating the driving privileges of Bobby Bain and setting aside the Director's order suspending Mr. Bain's driver's license under section 302.505.1, RSMo 2000, for driving a motor vehicle with a blood alcohol concentration of at least .10 percent by weight. The trial court found that the Director did not have probable cause to believe Mr....

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