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Guelker v. Director of Revenue

10/10/2000

m a test on the blood sample that was seized by police, in that the sample was arbitrarily destroyed by the State after the State performed its test. His third point claims there was no substantial evidence to show he was ever arrested by the officer for the alleged D.W.I. offense in question, and argues that such an arrest is a "necessary prerequisite" to the Director's having statutory authority to suspend his driving privileges under Section 302.505.1. Because of our disposition as to Point I we need not consider these remaining claims, which will be addressed by the trial court on remand.


The judgment is reversed and the case is remanded for proceedings consistent with those required by Dabin v. Director of Revenue, 9 S.W.3d 610 (Mo. banc 2000).






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