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ACEVEDO v. DIRECTOR OF REVENUE

No. ED 88462.

220 S.W.3d 476 (2007)

Hernan ACEVEDO, Respondent, v. DIRECTOR OF REVENUE, State of Missouri, Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

May 1, 2007.

Attorney(s) appearing for the Case

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

John F. Newsham, St. Louis, MO, for respondent.

ROY L. RICHTER, Presiding Judge.

The Director of Revenue ("Director") appeals the trial court's judgment reinstating the driving privileges of Hernan Acevedo ("Driver"). We reverse and remand.

I. BACKGROUND

After a May 20, 2005 arrest for driving while intoxicated and leaving the scene of an accident, Appellant filed a Petition for Trial De Novo on November 18, 2005. The case was assigned to Division 46 "for hearing and determination on the record...

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