HARVEY v. DIRECTOR OF REVENUE

No. WD 72606.

371 S.W.3d 824 (2012)

Nick R. HARVEY, Respondent, v. DIRECTOR OF REVENUE, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 26, 2012.

Application for Transfer Denied August 14, 2012.


Attorney(s) appearing for the Case

Jonathan H. Hale , for Appellant.

Laurie Ward , for Respondent.

Before Court En Banc: LISA WHITE HARDWICK, Chief Judge, JAMES M. SMART, Judge, JOSEPH M. ELLIS, Judge, VICTOR C. HOWARD, Judge, THOMAS H. NEWTON, Judge, JAMES E. WELSH, Judge, ALOK AHUJA, Judge, MARK D. PFEIFFER, Judge, KAREN KING MITCHELL, Judge, CYNTHIA A. MARTIN, Judge and GARY D. WITT, Judge.


JOSEPH M. ELLIS, Judge.

The Director of Revenue ("Director") appeals from a judgment entered in the Circuit Court of Johnson County, Missouri reinstating the driving privileges of Nick R. Harvey. For the following reasons, the judgment is affirmed.

On August 16, 2009, at approximately 11:45 p.m., Harvey was stopped while driving an automobile in Johnson County, Missouri and, upon probable cause, was arrested for driving while intoxicated, § 577.010.

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