STATE v. SCHIEBER

No. WD 40641.

760 S.W.2d 557 (1988)

STATE of Missouri, Appellant, v. Bradley Paul SCHIEBER, Respondent.

Missouri Court of Appeals, Western District.

November 8, 1988.


Attorney(s) appearing for the Case

David A. Baird, Pros. Atty., Maryville, for appellant.

Frank H. Strong, Jr., Maryville, for respondent.

Before LOWENSTEIN, P.J., and TURNAGE and COVINGTON, JJ.


LOWENSTEIN, Judge.

The respondent, Schieber, was charged with driving on the wrong side of the road and driving while intoxicated. He moved to suppress evidence of the level of his intoxication on the ground that there was no probable cause for the drunk driving arrest. His theory was there was no evidence of his having crossed the center line so the initial arrest was improper and resulted in lack of probable cause to later test his alcohol consumption. The sole...

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