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OLIVO v. DIRECTOR OF REVENUE

No. 71943.

950 S.W.2d 327 (1997)

Timothy Thompson OLIVO, Petitioner/Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Respondent/Appellant.

Missouri Court of Appeals, Eastern District, Division Six.

August 26, 1997.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., James A. Chenault, III, Sp. Asst. Atty. Gen., Mo. Dept. of Revenue, Jefferson City, for respondent/appellant.

Gael D. Wood, James W. McGettigan, Jr., Eckelkamp, Eckelkamp, Wood & Kuenzel, Washington, for petitioner/respondent.

REINHARD, Presiding Judge.

The Director of Revenue (Director) appeals from the judgment reinstating petitioner's driving privileges. We reverse and remand.

The record reveals that on the morning of June 25, 1995, petitioner was stopped after he was observed traveling through an intersection in reverse. The arresting officer testified that petitioner's eyes were glassy, his breath smelled of intoxicants, and his speech was slurred. After informing the officer...

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