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STATE EX REL. DIRECTOR OF REVENUE v. McBETH

No. WD 74514.

366 S.W.3d 95 (2012)

STATE ex rel. DIRECTOR OF REVENUE, State of Missouri, Relator, v. The Honorable Gerald D. McBETH, Assigned Judge of The Circuit Court of Platte, Co., Judicial Circuit, Respondent.

Missouri Court of Appeals, Western District.

May 9, 2012.

Attorney(s) appearing for the Case

James A. Chenault, III , Jefferson City, MO, and Amy R. Ashelford , Platte City, MO, for appellant.

James D. Boggs , W. Christian Boggs , Kansas City, MO, for respondent.

Before: LISA WHITE HARDWICK, C.J., and JAMES M. SMART and ALOK AHUJA, JJ.

ALOK AHUJA, Judge.

This is an original proceeding in which the Director of the Missouri Department of Revenue seeks a writ of prohibition directed to Judge Gerald D. McBeth, sitting by assignment in the Circuit Court of Platte County. In the underlying action, James D. Boggs petitioned for review of the Director's revocation of his driver's license, based on his refusal to submit to a chemical breath test following his arrest for driving while intoxicated. The trial...

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