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BEACH v. DIRECTOR OF REVENUE

No. WD 65314.

188 S.W.3d 492 (2006)

Dale B. BEACH, Respondent, v. DIRECTOR OF REVENUE, Appellant.

Missouri Court of Appeals, Western District.

April 18, 2006.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Kristen Paulsmeyer, Office of Atty. Gen., Jefferson City, for Appellant.

Fred R. Bunch, Clinton, for Respondent.

Before JOSEPH M. ELLIS, P.J., HAROLD L. LOWENSTEIN, J., and PAUL M. SPINDEN, J.

PAUL M. SPINDEN, Judge.

After Dale B. Beach initially agreed to submit to an officer's test of his breath for alcohol content, he declared that he would take the test only if the officer flushed mace from his eyes and only when he could see the breath-analyzing machine. The officer deemed this to be a refusal to submit to the test and reported it as such to the director of the Department of Revenue who revoked Beach's driving license for a year under Section 577.041...

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