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VANCE v. McNEILL

No. 50644.

711 S.W.2d 531 (1986)

Arnold H. VANCE, Petitioner-Respondent, v. Paul S. McNEILL, Jr., Director of Revenue, Respondent-Appellant.

Missouri Court of Appeals, Eastern District, Division One.

Rehearing Denied June 19, 1986.

Attorney(s) appearing for the Case

James A. Chenault, III, Sp. Asst. Atty. Gen., Missouri Dept. of Revenue, Jefferson City, for respondent-appellant.

Timothy F. Devereux, Clayton, for petitioner-respondent.

SMITH, Judge.

The director of revenue appeals from a judgment of the trial court reinstating the driver's license of Vance. The director had ordered the license suspended for one year pursuant to Sec. 302.505 RSMo Supp.1983, upon his finding that Vance had operated his automobile while having a blood alcohol level above .13%. We reverse and remand.

The director was unable to make a submissible case following a ruling by the trial court that the testimony of...

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