BURLESON v. DIRECTOR OF REVENUE, STATE OF MO

No. 24455.

92 S.W.3d 218 (2002)

Terry Mark BURLESON, Petitioner-Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Respondent-Appellant.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or Transfer Denied November 22, 2002.

Application for Transfer Denied January 28, 2003.


Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., John Mollenkamp, Asst. Atty. Gen., Jefferson for appellant.

Natalie D. Riley, Holden Law Office, Dexter, for respondent.


PHILLIP R. GARRISON, Judge.

The Director of Revenue ("Director") appeals from the judgment of the trial court reinstating the driving privileges of Terry Mark Burleson ("Burleson") following the one year suspension of those privileges for Burleson's failure to submit to a chemical breath analysis. We reverse and remand.

The evidence presented to the trial court consisted entirely of records presented by the Director. Those documents indicated the following...

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