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SHEWMAKER v. FISCHER

No. WD 62021.

121 S.W.3d 294 (2003)

Harold L. SHEWMAKER, Respondent, v. Carol Russell FISCHER, Director of Revenue, State of Missouri, Appellant.

Missouri Court of Appeals, Western District.

December 9, 2003.

Attorney(s) appearing for the Case

Karen P. Hess, Jefferson City, MO, for Appellant.

Kenneth M. Hayden, Versailles, MO, for Respondent.

Before THOMAS H. NEWTON, P.J., PATRICIA BRECKENRIDGE and PAUL M. SPINDEN, JJ.

THOMAS H. NEWTON, Judge.

On November 11, 2001, Officer Ben Blankenbeker of the Laurie Police Department arrested Mr. Harold Shewmaker for violating an intoxication-related ordinance. Officer Blankenbeker took Mr. Shewmaker to the Morgan County Jail for a breath test. Morgan County Deputy, Trampus Jackson, administered the breath test using a Data Master breath analyzer machine. Deputy Jackson is a Type III permit holder, which allows him to administer breath tests...

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