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GRAFEMAN v. DIRECTOR OF REVENUE

No. WD 72551.

344 S.W.3d 861 (2011)

Mark GRAFEMAN, Respondent, v. DIRECTOR OF REVENUE, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 5, 2011.

Application for Transfer Denied August 30, 2011.

Attorney(s) appearing for the Case

Trevor Bossert , Jefferson City, MO, for Appellant.

Carl M. Ward , Washington, MO, for Respondent.

Before: MARK D. PFEIFFER, P.J., THOMAS H. NEWTON, and ALOK AHUJA, JJ.

THOMAS H. NEWTON, Judge.

The Director of Revenue appeals the trial court's judgment in favor of Mr. Mark Grafeman reinstating his driver's license. The Director contends that the trial court erred in excluding the blood-alcohol content (BAC) test results from the breathalyzer and its accompanying maintenance report because the documents were lawful. We reverse and remand.

Factual and Procedural Background

On February 18, 2009, Mr. Grafeman was arrested...

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