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REED v. DIRECTOR OF REVENUE

No. SC 87082.

184 S.W.3d 564 (2006)

Nicholas B. REED, Respondent, v. DIRECTOR OF REVENUE, Appellant.

Supreme Court of Missouri, En Banc.

February 14, 2006.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., James A. Chenault, III, Special Asst. Atty. Gen., Jefferson City, for Appellant.

Larry A. Reed, St. Louis, for Respondent.

RICHARD B. TEITELMAN, Judge.

Nicholas Reed was arrested on suspicion of driving while intoxicated over three hours after he backed his truck into a ditch and walked home. Section 577.039 prohibits arrests without a warrant in driving while intoxicated cases if the arrest without a warrant is made more than one and one half hours after the claimed violation. However, an arrest without a warrant is permitted if the person to be arrested "left the scene of an accident...

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