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KORTE v. DIRECTOR OF REVENUE

No. SD 31180.

352 S.W.3d 610 (2011)

Richard R. KORTE, Respondent, v. DIRECTOR OF REVENUE, State of Missouri, Appellant.

Missouri Court of Appeals, Southern District, Division Two.

October 25, 2011.

Attorney(s) appearing for the Case

Chris Koster , Attorney General and Jamie P. Rasmussen , Assistant Attorney General, Jefferson City, MO, for Appellant.

Stephen K. Paulus , Cuba, MO for Respondent.

WILLIAM W. FRANCIS, JR., Presiding Judge.

The Director of Revenue ("DOR") appeals the trial court's judgment reinstating Richard R. Korte's ("Korte") driver's license. The DOR argues the trial court misapplied the law because the DOR established that revocation based on Korte's refusal to submit to a breath test was proper. We agree and reverse the trial court's judgment.

Facts and Procedural History

On July 24, 2010, Officer Zachary Driskill ("Officer...

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