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HARPER v. DIRECTOR OF REVENUE

No. 74364.

988 S.W.2d 662 (1999)

Travis C. HARPER, Petitioner/Respondent, v. DIRECTOR OF REVENUE, Respondent/Appellant.

Missouri Court of Appeals, Eastern District, Division One.

April 6, 1999.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Evan J. Buchheim, Asst. Atty. Gen., Jefferson City, for appellant.

Clement E. Burns, Jr., Clayton, for respondent.

JAMES A. PUDLOWSKI, Presiding Judge.

The Director of Revenue (Director) appeals the trial court's judgment reinstating driving privileges for Travis C. Harper (Driver). We reverse and remand.

On 27 September 1997 a Creve Couer police officer stopped Driver at a sobriety checkpoint. When the officer approached Driver, the officer smelled a strong odor of alcohol on Driver's breath. Driver stated he had been drinking. Driver failed to adequately perform on the...

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