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ZUMMO v. DIRECTOR OF REVENUE

No. 27442.

212 S.W.3d 236 (2007)

Richard A. ZUMMO, Plaintiff-Respondent, v. DIRECTOR OF REVENUE, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

January 31, 2007.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Cheryl Caponegro Nield, Asst. Atty. Gen., Jefferson City, MO, for Appellant.

Richard Don Crites, Springfield, MO, for Respondent.

JEFFREY W. BATES, Chief Judge.

The Director of Revenue (Director) revoked the driving privileges of Richard A. Zummo (Zummo) for one year after he refused to submit to a chemical test of his breath to determine his blood alcohol content. Zummo filed a petition for review. At trial, the only evidence presented by either party was a certified copy of Zummo's driving records from the Department of Revenue. The trial judge decided "the arresting officer did not have reasonable...

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