McNEILL v. WALLACE

No. WD 36705.

699 S.W.2d 534 (1985)

Paul S. McNEILL, Jr., Substituting for Richard A. King, Director of Revenue, State of Missouri, Appellant, v. John W. WALLACE, Respondent.

Missouri Court of Appeals, Western District.

October 15, 1985.


Attorney(s) appearing for the Case

William L. Webster, Atty. Gen., Richard L. Wieler, Asst. Atty. Gen., Ninion S. Riley, Sp. Asst. Atty. Gen., Sharon M. Busch, Asst. Gen. Counsel, Missouri Dept. of Revenue, Jefferson City, for appellant.

James R. Hall, Cochran, Tyree, Oswald, Barton & McDonald, P.C., Blue Springs, for respondent.

Before MANFORD, P.J., and PRITCHARD and LOWENSTEIN, JJ.


LOWENSTEIN, Judge.

The Director of Revenue appeals from circuit court judgment reversing a suspension of Wallace's driving privileges under §§ 302.500-540 RSMo Cum.Supp.1984. The parties stipulated the following facts: an officer from Blue Springs on the evening in question saw the Wallace car weaving from lane to lane, straddling the lanes and failing to dim the bright lights. After a stop the officer observed Wallace's "breath to be strong ... his eyes...

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