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RHODES v. DIRECTOR OF REVENUE

No. 22400.

994 S.W.2d 597 (1999)

Patrick J. RHODES, Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Appellant.

Missouri Court of Appeals, Southern District, Division One.

June 18, 1999.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Attorney General, Craig F. Martin, Asst. Atty. Gen., Jefferson City, for appellant.

David S. Akers, Ingrum, Wilson, Griffin & Akers, L.L.C., Branson, for respondent.

CROW, Judge.

At 2:30 a.m., June 23, 1997, a patrolman of the Missouri State Highway Patrol saw a motor vehicle exceeding the speed limit in a "construction zone." The patrolman stopped the vehicle; its operator was Patrick J. Rhodes ("Driver").

At the patrolman's request, Driver performed six "field sobriety tests." Driver's performance, coupled with the result of a "portable breath test" administered by the patrolman, convinced the patrolman that Driver was...

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