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CHEVALIER v. DIRECTOR OF REVENUE

No. WD 51848.

928 S.W.2d 388 (1996)

Bruce Evert CHEVALIER, Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Appellant.

Missouri Court of Appeals, Western District.

Decided August 20, 1996.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, Jane A. Barkley, Sp. Asst. Atty.

Gen., Mo. Dept. of Revenue, Independence, for appellant.

Charles E. Weedman, Jr., Harrisonville, for respondent.

Before LAURA DENVIR STITH, P.J., and ULRICH and SMART, JJ.

SMART, Judge.

The Director of Revenue ("Director") appeals a decision in favor of Bruce Chevalier in his appeal of an administrative suspension for driving with an excessive blood alcohol content. The trial court found that the Director failed to prove the blood alcohol content ("BAC") of Mr. Chevalier at the time of his detention. The Director argues that the trial court erred in excluding testimony concerning the result of a breathalyzer test. The judgment of the...

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