WITHERWAX v. DIRECTOR OF REVENUE

No. WD 64006.

160 S.W.3d 431 (2005)

Timothy James WITHERWAX, Respondent, v. DIRECTOR OF REVENUE, Appellant.

Missouri Court of Appeals, Western District.

April 19, 2005.


Attorney(s) appearing for the Case

Cheryl Ayn Caponegro Nield, Jefferson City, MO, for appellant.

Joseph Francis O'Hara, Independence, MO, for respondent.

Before SPINDEN, P.J., HOWARD and NEWTON, JJ.


VICTOR C. HOWARD, Judge.

Director of Revenue ("the Director") appeals from a judgment in the Circuit Court of Clay County reinstating Respondent Timothy Witherwax's ("Witherwax") driving privileges that were revoked pursuant to section 577.0411 for failing to submit to a breathalyzer test. In her sole point on appeal, the Director argues the trial court erred in reinstating Witherwax's driving...

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