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POAGE v. DIRECTOR OF REVENUE, STATE OF MO.

No. 70913.

948 S.W.2d 194 (1997)

Jesse E. POAGE, Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Appellant.

Missouri Court of Appeals, Eastern District, Northern Division.

June 27, 1997.

Attorney(s) appearing for the Case

Mark S. Wasinger, Hannibal, for appellant.

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

DOWD, Judge.

The Director of Revenue (Director) appeals from an order reinstating driving privileges to Jesse E. Poage (Driver). We reverse and remand.

I. Background

On October 31, 1995, Trooper observed Driver's vehicle twice weave from its lane onto the shoulder and over the centerline. Trooper stopped Driver and noticed a strong odor of an intoxicating beverage on his breath. Driver's speech was slurred and mumbled, his eyes were bloodshot and...

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