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PHELPS v. DIRECTOR OF REVENUE

No. ED 95648.

369 S.W.3d 761 (2012)

Jeremiah Joseph PHELPS, Respondent, v. DIRECTOR OF REVENUE, Appellant.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 28, 2012.

Attorney(s) appearing for the Case

Chris Koster , Samuel E. Buffaloe , Jefferson City, MO, for appellant.

Robert S. Adler , St. Louis, MO, for respondent.

GARY M. GAERTNER, JR., Judge.

Introduction

The Director of Revenue (DOR) appeals the judgment of the trial court in favor of Respondent Jeremiah Joseph Phelps (Phelps), which found the DOR failed to prove Phelps' blood alcohol content (BAC) was above the legal limit. The DOR argues the trial court erroneously excluded admissible evidence of Phelps' BAC. We reverse.

Background

On August 16, 2009, Phelps was arrested for driving...

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