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MULLEN v. DIR. OF MISSOURI DEPT. OF REVENUE

No. WD 69874.

288 S.W.3d 319 (2009)

Michael J. MULLEN, Respondent, v. DIRECTOR OF MISSOURI DEPARTMENT OF REVENUE, Appellant.

Missouri Court of Appeals, Western District.

June 9, 2009.

Attorney(s) appearing for the Case

Jonathan M. Hensley, Jefferson City, MO, for Appellant.

Matthew D. Lowe, Clinton, MO, for Respondent.

Before JAMES EDWARD WELSH, P.J., VICTOR C. HOWARD, and ALOK AHUJA, JJ.

JAMES EDWARD WELSH, Presiding Judge.

The Director of Revenue appeals the circuit court's judgment setting aside the Director's suspension of Michael J. Mullen'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 Mullen was driving while intoxicated. The Director contends that the circuit court's judgment is against the weight of the evidence and misapplies...

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