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SCHOLES v. DIRECTOR OF REVENUE STATE OF MO

No. WD 66977.

228 S.W.3d 62 (2007)

Herbert G. SCHOLES, Respondent, v. DIRECTOR OF REVENUE STATE OF MISSOURI, Appellant.

Missouri Court of Appeals, Western District.

As Modified July 31, 2007.

Attorney(s) appearing for the Case

Nichole L. Loethen, Jefferson City, MO, for Appellant.

Michaela C. Shelton-Sinkhorn, Overland Park, KS, for Respondent.

Before LOWENSTEIN, P.J., ELLIS and HARDWICK, JJ.

LISA WHITE HARDWICK, Judge.

The Director of Revenue ("Director") appeals from a circuit court judgment setting aside the revocation of Herbert Scholes's driving privileges pursuant to Section 577.041, RSMO 2000. For reasons explained herein, we affirm.

FACTUAL AND PROCEDURAL HISTORY

In the early morning hours of March 8, 2005, Kansas City police officers Nelson and Hayes1 responded...

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