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JOHNSON v. DIRECTOR OF REVENUE

No. WD 64557.

168 S.W.3d 139 (2005)

Todd A. JOHNSON, Respondent, v. DIRECTOR OF REVENUE, Appellant.

Missouri Court of Appeals, Western District.

August 2, 2005.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Lasandra F. Pearl, Office of Attorney General, Jefferson City, MO, for Appellant.

Jeffrey S. Eastman, Gladstone, MO, for Respondent.

PAUL M. SPINDEN, Judge.

The Director of Revenue appeals the circuit court's judgment setting aside her revocation of Todd A. Johnson's driving privileges pursuant to Section 577.041, RSMo Supp.2003, for refusing to submit to a chemical test. The director contends that the circuit court's judgment is not supported by substantial evidence and is against the weight of the evidence. She claims that she made a prima facie case that Johnson did not rebut. We agree...

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