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RECKNER v. FISCHER

No. WD 62023.

121 S.W.3d 296 (2003)

Donald W. RECKNER, 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.

Mr. Donald W. Reckner's driver's license was revoked by the Director of Revenue under section 302.5051 because he was driving a vehicle while his blood alcohol content (BAC) was in excess of .08.2 At a hearing, Mr. Reckner objected to the admission of his BAC test result because there was evidence showing that, on some occasions, the breathalyzer...

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