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WILLIAMS v. DIRECTOR OF REVENUE

No. WD 72147.

335 S.W.3d 70 (2011)

James L. WILLIAMS, Respondent, v. DIRECTOR OF REVENUE, State of Missouri, Appellant.

Missouri Court of Appeals, Western District.

March 8, 2011.

Attorney(s) appearing for the Case

Jonathan H. Hale , Jefferson City, MO, for Appellant.

James O. Kjar , Warsaw, MO, for Respondent.

Before CYNTHIA L. MARTIN, P.J., JAMES EDWARD WELSH, and GARY D. WITT, JJ.

JAMES EDWARD WELSH, Judge.

The Director of Revenue revoked James L. Williams's driving license based on an alleged refusal to submit to a breath or blood test pursuant to section 577.041, RSMo. The circuit court reversed the Director's decision and reinstated Williams's driving privileges. The Director appeals, asserting that the circuit court's finding that Williams did not refuse to submit to a breath test was unsupported by substantial evidence and erroneously...

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