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DECLUE v. DIRECTOR OF REVENUE

No. ED 96647.

361 S.W.3d 465 (2012)

Terry E. DECLUE II, Respondent, v. DIRECTOR OF REVENUE, Appellant.

Missouri Court of Appeals, Eastern District, Division One.

February 28, 2012.

Attorney(s) appearing for the Case

Chris Koster , John Winston Grantham , Jefferson City, MO, for Appellant.

Mark R. Bahn , McAvoy & Bahn, L.C., Fenton, MO, for Respondent.

ROY L. RICHTER, Judge.

The appellant, Director of Revenue for the State of Missouri ("Director"), appeals from a default judgment entered in favor of Terry E. Declue II ("Driver") setting aside the one-year revocation of Driver's driving privileges for refusing to submit to a chemical test. We reverse and remand.

I. BACKGROUND

On May 14, 2010, Driver was arrested for driving while intoxicated and was notified by Director that, pursuant to Section...

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