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KELLY v. DIRECTOR OF REVENUE

No. WD 75704.

410 S.W.3d 710 (2013)

Rex L. KELLY, Appellant, v. DIRECTOR OF REVENUE, Respondent.

Missouri Court of Appeals, Western District.

October 1, 2013.

Attorney(s) appearing for the Case

Kristi L. Pittman , Liberty, for Appellant.

James Chenault , for Respondent.

Before Special Division: ZEL FISCHER, Special Presiding Judge, VICTOR C. HOWARD, Judge and MARK D. PFEIFFER, Judge.

ORDER

PER CURIAM:

Rex Kelly appeals the judgment of the trial court affirming the administrative revocation of his driving privileges for refusing to submit to a chemical analysis of his breath under section 577.041, RSMo Cum.Supp.2011. He claims that the error code produced by the breath test machine did not indicate a refusal and that the arresting officer substituted his opinion regarding whether Kelly refused the test for that of the machine and...

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