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PAXTON v. DIRECTOR OF REVENUE, STATE OF MO.

No. ED 89595.

258 S.W.3d 68 (2008)

Stephen M. PAXTON, Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Appellant.

Missouri Court of Appeals, Eastern District, Northern Division.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 21, 2008.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Trevor Bossert, Assistant Attorney General, St. Louis, MO, for appellant.

Branson L. Wood III, Hannibal, MO, for respondent.

ROY L. RICHTER, Judge.

The Director of Revenue ("Director") appeals the judgment reinstating the driving privileges of Stephen M. Paxton ("Driver"). We reverse.

I. BACKGROUND

At 1:51 a.m., a Hannibal police officer ("Officer") stopped Driver when he noticed Driver's vehicle did not have an operable license plate light. After observing that Driver's eyes were "bloodshot and watery" and after smelling "a faint odor of intoxicants," Officer administered...

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