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MINOR v. DEPARTMENT OF REVENUE

No. ED 82828.

136 S.W.3d 825 (2004)

Robert MINOR, Appellant, v. DEPARTMENT OF REVENUE, Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

June 15, 2004.

Attorney(s) appearing for the Case

John F. Newsham, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, Eileen Ruppe Kirspin, Asst. Atty. Gen., St. Louis, for respondent.

OPINION

GLENN A. NORTON, Presiding Judge.

Robert Minor appeals the judgment revoking his driving privileges. We reverse and remand.

I. BACKGROUND

The Department of Revenue revoked Minor's driving privileges under section 577.041 RSMo 20001 for refusing to submit to a breath test. At the review hearing, the arresting officer testified that he encountered Minor at a sobriety checkpoint. The officer testified...

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