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BROWN v. DIRECTOR OF REVENUE

No. ED 84749.

164 S.W.3d 121 (2005)

John P. BROWN, Petitioner/Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Respondent/Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

May 24, 2005.

Attorney(s) appearing for the Case

Sidney A. Thayer, Jr., Politte & Thayer, Washington, MO, for respondent.

Nicole L. Loethen, Asst. Atty. Gen., Jefferson City, MO, for appellant.

KATHIANNE KNAUP CRANE, Judge.

The Director of Revenue (Director) appeals from the trial court's judgment reinstating the driving privileges of petitioner, John P. Brown, after judicial review of the revocation based on his refusal to submit to a chemical test under section 577.041 RSMo (2000).1 We reverse and remand.

In the early morning hours on February 11, 2004, Trooper Jeffrey Gertsen of the Missouri State Highway Patrol responded...

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