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STATE v. BALL

No. 25179.

113 S.W.3d 677 (2003)

STATE of Missouri, Plaintiff-Respondent, v. John A. BALL, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

August 27, 2003.

Attorney(s) appearing for the Case

Gary L. Collins, Springfield, for appellant.

Darrell L. Moore, Greene County Prosecuting Attorney, Mark E. Brinkman, Greene County Assistant Prosecuting Attorney, Springfield, for respondent.

PHILLIP R. GARRISON, Judge.

John A. Ball ("Defendant") appeals his conviction of the class B misdemeanor of driving while intoxicated, a violation of § 577.010.1 In his single point on appeal, Defendant contends that there was insufficient evidence upon which the trial court could have found him guilty. He argues that he overcame the rebuttable presumption of intoxication as a result of a breathalyzer test because he failed only one...

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