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PIERCE v. DIRECTOR OF REVENUE

No. WD 59105.

51 S.W.3d 888 (2001)

Robert B. PIERCE, Jr., Appellant, v. DIRECTOR OF REVENUE, Respondent.

Missouri Court of Appeals, Western District.

August 7, 2001.

Attorney(s) appearing for the Case

Jeffrey Scott Eastman, Gladstone, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Bernabe A. Icaza, Asst. Atty. Gen., Jefferson City, for respondent.

Before THOMAS H. NEWTON, P.J., HAROLD L. LOWENSTEIN, J. and JAMES M. SMART, JR., J.

NEWTON, Judge.

Factual and Procedural Background

On the evening of September 12, 1999, Mr. Robert B. Pierce, Jr. was stopped by Officer Shaun Clawson for speeding. As Officer Clawson approached Mr. Pierce's vehicle, he smelled a "moderate odor" of alcohol and also noticed that Mr. Pierce's eyes were bloodshot and watery. Officer Clawson administered numerous field sobriety tests. Based on Mr. Pierce's poor performance from those tests, Officer Clawson arrested...

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