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FLAIZ v. DIRECTOR OF REVENUE FOR STATE

No. WD 64637.

182 S.W.3d 244 (2005)

John Kent FLAIZ, Respondent, v. DIRECTOR OF REVENUE FOR the STATE OF MISSOURI, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied January 31, 2006.

Attorney(s) appearing for the Case

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

Jeremiah W. (Jay) Nixon, Atty. Gen., Don Willoh, Assistant Attorney General, Jefferson City, MO, for appellant.

Before: HOWARD, P.J., EDWIN H. SMITH, C.J., and NEWTON, J.

Motion for Rehearing and/or Transfer to Supreme Court Denied January 31, 2006.

EDWIN H. SMITH, Chief Judge.

The Director of Revenue (Director) appeals from the judgment of the Circuit Court of Platte County setting aside the Director's revocation of the driver's license of respondent, John Flaiz, pursuant to § 577.041,1 for his refusal to submit to a Breathalyzer test, authorized by § 577.020.

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