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SMITH v. DIRECTOR OF REVENUE

No. 26892.

179 S.W.3d 310 (2005)

Gary N. SMITH, Petitioner-Respondent, v. DIRECTOR OF REVENUE, Respondent-Appellant.

Missouri Court of Appeals, Southern District, Division One.

November 29, 2005.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Cheryl Caponegro Nield, Assistant Attorney General, Jefferson City, for Appellant.

No brief was filed by Respondent.

JAMES K. PREWITT, Presiding Judge.

Director of Missouri's Department of Revenue ("Director") challenges the trial court's jurisdiction to set aside the revocation of Gary N. Smith's ("Petitioner") driving privileges.1

Petitioner was pulled over for driving while intoxicated by Morehouse, Missouri police officer Frank Allen. Allen conducted a field sobriety test, which Petitioner failed...

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