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SMITHER v. DIRECTOR OF REVENUE

No. SC 85565.

136 S.W.3d 797 (2004)

Kenneth S. SMITHER, Respondent, v. DIRECTOR OF REVENUE, Appellant.

Supreme Court of Missouri, En Banc.

June 22, 2004.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Cheryl Caponegro Nield, Asst. Atty. Gen., Jefferson City, for Appellant.

Jeffrey S. Eastman, Gladstone, for Respondent.

STEPHEN N. LIMBAUGH, JR., Judge.

The Director of Revenue revoked respondent Kenneth Smither's driving privileges for refusal to submit to a blood alcohol test, pursuant to section 577.041, RSMo 2000. After hearing, the Circuit Court of Platte County reinstated Smither's driving privileges. The director then appealed to the Court of Appeals, and after opinion, this Court granted transfer. MO. CONST. art. V, sec. 10. The judgment is reversed.

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