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McGUIRE v. DIRECTOR OF REVENUE

No. ED 85882.

174 S.W.3d 87 (2005)

Jeffrey M. McGUIRE, Respondent, v. DIRECTOR OF REVENUE, Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

October 25, 2005.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., James A. Chenault, III, Special Assistant Attorney General, Missouri Department of Revenue, Jefferson City, MO, for appellant.

A. David Arand, Breigel, Davis & Arand, L.L.C., Union, MO, for respondent.

GARY M. GAERTNER, SR., Presiding Judge.

Appellant, Director of Revenue ("Director"), appeals from the judgment of the Circuit Court of Gasconade County granting Respondent's, Jeffrey M. McGuire ("McGuire"), motion for judgment on the pleadings and ordering Director to rescind the suspension of McGuire's driving privileges. We reverse and remand.

On July 16, 2004, McGuire was arrested for driving while intoxicated after he consented to a breath analyzer test...

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