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RICHARDSON v. DIRECTOR OF REVENUE

No. 26580.

165 S.W.3d 236 (2005)

Mark K. RICHARDSON, Petitioner-Respondent, v. DIRECTOR OF REVENUE, Respondent-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

June 27, 2005.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., James A. Chenault III, Special Asst. Atty. Gen., Jefferson City, MO, for appellant.

Carl M. Ward, Chesterfield, MO, for respondent.

JEFFREY W. BATES, Chief Judge.

The Director of Revenue ("Director") revoked the driving privileges of Mark K. Richardson ("Richardson") for allegedly refusing to submit to a chemical test of his blood alcohol content pursuant to § 577.041.1 Thereafter, Richardson filed a petition in circuit court requesting a trial de novo, and the only evidence submitted in the case was the Director's records. Because these records were internally...

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