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WINSTON v. DIRECTOR OF REVENUE

No. ED 83426.

137 S.W.3d 502 (2004)

Nicole J. WINSTON, Respondent, v. DIRECTOR OF REVENUE, Appellant.

Missouri Court of Appeals, Eastern District, Division Five.

June 29, 2004.

Attorney(s) appearing for the Case

Cheryl A. Caponegro Nield, Jefferson City, MO, for Appellant.

Michael B. Smallwood, St. Louis, MO, for Respondent.

GEORGE W. DRAPER III, Judge.

The Director of Revenue (hereinafter, "the Director") appeals from the circuit court's judgment reinstating the driving privileges of Nicole Winston (hereinafter, "Driver") after the Director revoked her license for refusing to take a chemical test. The Director raises one point on appeal claiming the circuit court erred in reinstating Driver's privileges in that the Director's records show Driver refused to submit to a breath test, thus...

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