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ERWIN v. DIRECTOR OF REVENUE

No. ED 75606.

9 S.W.3d 37 (1999)

Mark J. ERWIN, Respondent, v. DIRECTOR OF REVENUE, Appellant.

Missouri Court of Appeals, Eastern District, Division One.

December 14, 1999.

Attorney(s) appearing for the Case

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

David J. Roth, II, Lowes & Drusch, Cape Girardeau, for respondent.

GARY M. GAERTNER, Presiding Judge.

Appellant, Director of Revenue, ("Director") appeals from the judgment reinstating the driving privileges of respondent, Mark J. Erwin, ("driver"). We reverse and remand.

On September 29, 1997, a Missouri Highway Patrol trooper, ("trooper"), stopped driver's vehicle for speeding. Trooper smelled an odor of intoxicants coming from driver's breath and noticed that driver's eyes were...

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