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HERR v. DIRECTOR OF REVENUE

No. ED 83059.

134 S.W.3d 686 (2004)

Adam HERR, Appellant, v. DIRECTOR OF REVENUE, Respondent.

Missouri Court of Appeals, Eastern District, Division Five.

Motion for Rehearing and/or Transfer Denied May 13, 2004.

Application for Transfer Denied June 22, 2004.

Attorney(s) appearing for the Case

Terry J. Flanagan, John W. Peel, St. Louis, MO, for Appellant.

Daniel N. McPherson, Jefferson City, MO, for Respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 13, 2004.

GEORGE W. DRAPER III, Judge.

Adam Herr (hereinafter, "Herr") appeals the trial court's judgment finding his license was subject to suspension pursuant to Section 302.505 RSMo (2002).1 Herr contends that because his vehicle was out of fuel it was inoperable, and therefore, there was insufficient evidence to support the conclusion he was driving or operating...

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