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HAGER v. DIRECTOR OF REVENUE STATE

No. SD 29073.

284 S.W.3d 192 (2009)

Eric HAGER, Petitioner-Respondent, v. DIRECTOR OF REVENUE STATE of Missouri, Respondent-Appellant.

Missouri Court of Appeals, Southern District, Division One.

April 29, 2009.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Gary L. Gardner, Asst. Atty. Gen., Jefferson City, MO, for appellant.

Daniel T. Moore, Poplar Bluff, MO, for respondent.

JEFFREY W. BATES, Judge.

The Director of Revenue (the Director) revoked the driving privileges of Eric Hager (Hager) for one year after he refused to submit to a chemical test of his breath to determine his blood alcohol content. Hager filed a petition for review. Following a post-revocation hearing, the judge determined that the officer lacked probable cause to arrest Hager because "there was absolutely no evidence that [he] was the operator of the vehicle at the...

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