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DOWNS v. DIRECTOR OF REVENUE

No. SD 30908.

344 S.W.3d 818 (2011)

Larry DOWNS, Petitioner-Respondent, v. DIRECTOR OF REVENUE, Respondent-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Rehearing Denied June 2, 2011.

Attorney(s) appearing for the Case

Chris Koster , Attorney General, Trevor S. Bossert , Special Assistant Attorney General, Jefferson City, MO, for Appellant.

Timothy R. Cisar , Lake Ozark, MO, for Respondent.

NANCY STEFFEN RAHMEYER, Presiding Judge.

The Director of Revenue ("the Director") appeals from the judgment of the Circuit Court of Camden County reinstating the driving privileges of Larry Downs ("Respondent") after the Director suspended Respondent's driving privileges for driving while intoxicated ("DWI"). The Director contends that the trial court erred in ruling evidence of the results of Respondent's breath alcohol test inadmissible.1

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