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MONTAGUE v. DIRECTOR OF REVENUE

No. ED 80152.

77 S.W.3d 735 (2002)

Marcus MONTAGUE, Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

June 25, 2002.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Lisa M. Sutherland, Asst. Atty. Gen., Jefferson City, for Appellant.

Casey J. Welch, Hannibal, for Respondent.

Before GEORGE W. DRAPER III, P.J., MARY R. RUSSELL, J., and MARY K. HOFF, J.

ORDER

PER CURIAM.

The Director of Revenue (hereinafter, "Director") appeals the trial court's judgment in setting aside the one year denial of Marcus Montague's (hereinafter, "Driver") driving privileges. Director claims the trial court erred in setting aside the denial because Driver failed to present sufficient evidence to rebut Director's prima facie case that Driver's blood alcohol content was at least .02% while he was driving.

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