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SMOCK v. DIRECTOR OF REVENUE, STATE OF MO.

No. 25405.

128 S.W.3d 643 (2004)

Ethel S. SMOCK, Petitioner-Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Respondent-Appellant.

Missouri Court of Appeals, Southern District, Division One.

March 15, 2004.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., and Evan J. Buchheim, Assistant Attorney General, Jefferson City, for Appellant.

No Appearance by Respondent.

PHILLIP R. GARRISON, Judge.

The Director of Revenue ("the Director") appeals from the trial court's judgment reinstating the driving privileges of Ethel S. Smock ("Respondent") following the one-year suspension of those privileges for failure to submit to a chemical test for intoxication. We reverse the judgment and remand for reinstatement of the suspension.1

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