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PHILLIPS v. WILSON

No. WD 59496.

66 S.W.3d 176 (2002)

Stephen K. PHILLIPS, Respondent, v. Quentin WILSON, Appellant.

Missouri Court of Appeals, Western District.

January 22, 2002.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, Forest W. Hanna, III, Asst. Atty. Gen., Kansas City, for appellant.

Stephen K. Phillips, Oak Grove, pro se.

Before PATRICIA BRECKENRIDGE, Presiding Judge, WILLIAM E. TURNAGE, Senior Judge, and JOSEPH M. ELLIS, Judge.

JOSEPH M. ELLIS, Judge.

The Missouri Director of Revenue revoked Stephen Phillips' driver's license based on an alleged refusal to submit to a breath test pursuant to § 577.0411. The trial court reversed the Director's decision and reinstated Phillips' driving privileges. The Director brings two points on appeal.

On September 1, 2000, Officer Travis Rhyne of the Lake Winnebago, Missouri, Police Department was on patrol when...

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