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GUHR v. DIRECTOR OF REVENUE

No. SC 88159.

228 S.W.3d 581 (2007)

Marcel Dean GUHR, Respondent, v. DIRECTOR OF REVENUE, State of Missouri, Appellant.

Supreme Court of Missouri, En Banc.

Motion to Modify Opinion Denied August 7, 2007.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Brad R. Jones, Asst. Atty. Gen., Jefferson City, for Appellant.

Jeffrey S. Eastman, Gladstone, Carl M. Ward, Washington, Timothy R. Cisar, Lake Ozark, for Respondent.

WILLIAM RAY PRICE, JR., Judge.

A Versailles police officer arrested Marcel Dean Guhr for driving while intoxicated. Guhr refused to submit to a chemical test of his breath. Consequently, the director of revenue revoked Guhr's driver's license pursuant to section 577.041, RSMo Supp.2006.1 Guhr petitioned the circuit court for a hearing. The court determined that there was no probable cause to arrest Guhr for driving while intoxicated and...

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