BOGART v. DIRECTOR OF REVENUE

No. WD 65384.

185 S.W.3d 286 (2006)

Garrel R. BOGART, Respondent, v. DIRECTOR OF REVENUE, Appellant.

Missouri Court of Appeals, Western District.

March 7, 2006.


Attorney(s) appearing for the Case

Cheryl Ayn Caponegro Nield, Associate Solicitor, Jefferson City, for Appellant.

Harold L. Caskey, Butler, for Respondent.


PAUL M. SPINDEN, Judge.

Even before the director of the Department of Revenue rested her case, the circuit court stopped her presentation of evidence in this driving license suspension case and directed a "verdict" that the license of Garrel R. Bogart be reinstated. The circuit court's ruling came after a police officer testified that Bogart failed several times to blow into a breath-analyzing machine for as long as ordered but that the machine still gave a digital...

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