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HURT v. DIRECTOR OF REVENUE, STATE

No. SD 28988.

291 S.W.3d 251 (2009)

Jerry Wayne HURT, Petitioner-Respondent, v. DIRECTOR OF REVENUE, STATE of Missouri, Respondent-Appellant.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or Transfer Denied May 29, 2009.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., James A. Chenault, III, Asst. Atty. Gen., Jefferson City, MO, for Appellant.

John D. Berger, Rolla, MO, for Respondent.

JEFFREY W. BATES, Judge.

The Director of Revenue (the Director) appeals from a judgment setting aside the administrative suspension of the driving privileges of Jerry Hurt (Hurt) after a trial de novo in circuit court. The Director contends, inter alia, that the trial court erred by finding the results of Hurt's breathalyzer test invalid due to the presence of chewing tobacco in his mouth throughout the 15-minute observation period preceding the test...

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