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SHUMAKER v. DIRECTOR OF REVENUE

No. WD 64656.

171 S.W.3d 135 (2005)

Jonathan R. SHUMAKER, Respondent, v. DIRECTOR OF REVENUE, State of Missouri, Appellant.

Missouri Court of Appeals, Western District.

September 13, 2005.

Attorney(s) appearing for the Case

Stephanie Davis-Swischer, Nevada, MO, for respondent.

Jeremiah W. (Jay) Nixon, Attorney General, James A. Chenault, III, Special Assistant Attorney General, Jefferson City, MO, for appellant.

Before HOWARD, P.J., SMITH, C.J., and NEWTON, J.

VICTOR C. HOWARD, Presiding Judge.

Jonathan R. Shumaker's driving privileges were revoked pursuant to section 577.0411 for his refusal to submit to a breath analysis test. On April 28, 2004, Shumaker filed a petition in the Circuit Court of Vernon County seeking an order permanently restraining the revocation of his driving privileges. After a hearing held on July 12, 2004, the trial court found that the Director of Revenue ("the Director...

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