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PHILLIPS v. DIRECTOR OF REVENUE

No. SD 31635.

403 S.W.3d 632 (2012)

Richard Louis PHILLIPS, Petitioner-Respondent, v. DIRECTOR OF REVENUE, Respondent-Appellant.

Missouri Court of Appeals, Southern District, Division One.

September 19, 2012.

Attorney(s) appearing for the Case

Chris Koster , Attorney General, and Samuel E. Buffaloe , Special Assistant Attorney General, Jefferson City, MO, for Appellant.

Jason W. Johnson , Springfield, MO, for Respondent.

GARY W. LYNCH, P.J.

The Director of Revenue ("Director") appeals the trial court's order restoring the driving privileges of Richard Louis Phillips ("Petitioner") after Petitioner refused to submit to a chemical test of his breath, pursuant to section 577.041.4.1 The Director contends that the trial court misapplied the law in finding that the arresting officer did not have reasonable grounds to believe Petitioner was driving while intoxicated...

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