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SMITH v. DIRECTOR OF REVENUE

No. WD 68356.

259 S.W.3d 84 (2008)

Graeme T. SMITH, Respondent, v. DIRECTOR OF REVENUE, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 1, 2008.

Application for Transfer Denied August 26, 2008.

Attorney(s) appearing for the Case

Nicole Loethen, Jefferson City, MO, for appellant.

John Allbright, Poplar Bluff, MO, for respondent.

Before PAUL M. SPINDEN, P.J., JAMES EDWARD WELSH, and ALOK AHUJA, JJ.

JAMES EDWARD WELSH, Judge.

The Director of Revenue appeals the circuit court's judgment setting aside the Director's suspension of Graeme T. Smith's driving license for driving while intoxicated. The circuit court found that the Director did not establish that the arresting officer had probable cause to believe that Smith had committed an alcohol related traffic offense prior to his arrest. The Director contends that the circuit court's judgment is unsupported by...

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