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PHILLIPS v. DIRECTOR OF REVENUE

No. ED 84361.

151 S.W.3d 99 (2004)

Kyle Everret PHILLIPS, Respondent, v. DIRECTOR OF REVENUE, State of Missouri, Appellant.

Missouri Court of Appeals, Eastern District, Division One.

December 7, 2004.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., James A. Chenault, III, Jefferson City, MO, for appellant.

Branson L. Wood, III, Hannibal, MO, for respondent.

Before GARY M. GAERTNER, SR., P.J., SHERRI B. SULLIVAN, J., and BOOKER T. SHAW, J.

ORDER

PER CURIAM.

The Director of Revenue ("the Director") appeals from the trial court's judgment reinstating the driving privileges of Kyle Everret Phillips ("Phillips"). The Director argues the trial court erred in finding the breathalyzer test was improperly administered pursuant to 19 CSR 25-30.060 and its judgment misapplied of the law.

We have reviewed the briefs of the parties and the record on appeal and no error of law appears. The...

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