STATE v. WYSSMAN

No. WD 36406.

696 S.W.2d 846 (1985)

STATE of Missouri, Appellant, v. Carl Theodore WYSSMAN, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Overruled and Denied August 27, 1985.

Application to Transfer Denied October 16, 1985.


Attorney(s) appearing for the Case

Albert A. Riederer, Pros. Atty., Kansas City by Robert Frager, Asst. Pros. Atty., for appellant.

G.M. Mouse, Independence, for respondent.

Before TURNAGE, C.J., and SHANGLER and MANFORD, JJ.


Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied August 27, 1985.

TURNAGE, Chief Judge.

The State, pursuant to § 547.200(1), RSMo Supp.1984, appeals from an order suppressing the results of a Breathalyzer test. Reversed and remanded.

Kurt Marquart, a State Highway Patrol Trooper, arrested Wyssman on January 8, 1984, after he observed Wyssman driving on the shoulder of I-70. The trooper stopped Wyssman and observed indications...

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