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CAIN v. DIRECTOR OF REVENUE

No. 25386.

130 S.W.3d 1 (2004)

Joel H. CAIN, Petitioner-Respondent, v. DIRECTOR OF REVENUE, Respondent-Appellant.

Missouri Court of Appeals, Southern District, Division One.

March 26, 2004.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Robert Ryan Harding, Assistant Attorney General, Jefferson, MO, for Appellant.

Erik A. Bergmanis, Matthew C. Price, Bergmanis & McDuffey, Camdenton, MO, for respondent.

JAMES K. PREWITT, Judge.

Pursuant to § 577.041, RSMo 2000, the Director of Revenue ("Director") revoked the driving privileges of Joel H. Cain based on his refusal to submit to a chemical test upon his arrest for driving while intoxicated.

Cain petitioned the Circuit Court of Hickory County for review. In his petition, Cain contended, in part, that: (1) he was not properly under arrest; (2) the arresting officer did not have reasonable grounds to believe...

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