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GARRIOTT v. DIRECTOR OF REVENUE

No. WD 62710.

130 S.W.3d 613 (2004)

David W. GARRIOTT, Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied March 2, 2004.

Application for Transfer Denied April 27, 2004.

Attorney(s) appearing for the Case

James A. Chenault, III, Jefferson City, MO, for appellant.

F. Randall Waltz, III, Jefferson City, MO, for respondent.

Before THOMAS H. NEWTON, P.J., PATRICIA A. BRECKENRIDGE and PAUL M. SPINDEN, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 2, 2004.

THOMAS H. NEWTON, Presiding Judge.

The Director of Revenue (Director) revoked Mr. David W. Garriott's driver's license pursuant to section 577.041,1 for refusing to submit to a breath analysis test. The trial court found that the initial stop leading to Mr. Garriott's arrest was invalid. At a hearing, the trial court invoked the exclusionary rule to exclude...

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