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MOORE v. DIRECTOR OF REVENUE

No. WD 73042.

351 S.W.3d 286 (2011)

Jared Scott MOORE, Respondent, v. DIRECTOR OF REVENUE, Appellant.

Missouri Court of Appeals, Western District.

November 8, 2011.

Attorney(s) appearing for the Case

Chris Koster , Attorney General, Trevor Steven Bossert and Jonathan H. Hale , Special Assistant Attorneys General, Jefferson City, MO, for Appellant.

Scott C. Hamilton , Lexington, MO, for Respondent.

Before Division Two: MARK D. PFEIFFER, Presiding Judge, VICTOR C. HOWARD, Judge and JAMES EDWARD WELSH, Judge.

VICTOR C. HOWARD, Judge.

The Director of Revenue appeals the judgment of the trial court reinstating the driving privileges of Jared Moore. The Director contends that the trial court erroneously declared and applied the law in excluding from evidence the Datamaster breath test results and maintenance reports. The judgment is reversed, and the case is remanded.

On December 13, 2009, Moore was arrested for driving while intoxicated and submitted to a breath...

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