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WALLER v. DIRECTOR OF REVENUE

No. ED 75565.

11 S.W.3d 669 (1999)

Michael K. WALLER, Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Appellant.

Missouri Court of Appeals, Eastern District, Southern Division.

November 23, 1999.

Attorney(s) appearing for the Case

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

Walter S. Drusch, Cape Girardeau, for respondent.

MARY K. HOFF, Judge.

The Director of Revenue (Director) appeals from the trial court's judgment reinstating the driving privileges of Michael K. Waller (Driver) which Director had suspended following Driver's arrest for driving while intoxicated. We reverse and remand.

On May 24, 1997, police stopped Driver's vehicle for erratic driving. Driver's eyes were bloodshot and glassy. His balance was unsure and his speech was slurred and confused. After smelling...

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