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BASS v. DIRECTOR OF REVENUE, STATE

No. 51249.

720 S.W.2d 451 (1986)

Ronald Dean BASS, Respondent, v. DIRECTOR OF REVENUE, STATE of Missouri, Appellant.

Missouri Court of Appeals, Eastern District, Division One.

December 2, 1986.

Attorney(s) appearing for the Case

William L. Webster, Atty. Gen., Richard L. Wieler, Asst. Atty. Gen., Robert D. Aulgur and Elaine R. Carlson, Sp. Asst. Attys. Gen., Jefferson City, for appellant.

Dubail, Judge, Kilker, O'Leary & Smith, Keith C. Zagar, Terry A. Parkinson and Dennis M. Devereux, St. Louis, for respondent.

CRIST, Judge.

Director appeals from a directed verdict of the trial court overturning the suspension of Bass' license on the ground Director had not proved Bass was driving with a blood alcohol content of .13 of one percent or more. We reverse and remand.

Bass was stopped for speeding on September 20, 1985. After noting Bass had a staggered gait, glassy eyes and a strong odor of alcohol on his breath, the arresting officer had Bass perform three field sobriety...

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