Arth v. Director of Revenue

This case was transferred here by this Court from the Eastern District of the Court of Appeals under authority of Mo. Const, art. V, § 10. The opinion of Judge Crist is adopted here, substantially as originally written in the Court of Appeals, without quotation marks.

The director of the Department of Revenue (Department) appeals from a final order striking the Department’s pleadings and ordering the director to reinstate Arth’s driver license. We reverse and remand.

On April 12, 1984, a patrolman from the St. Louis County Police Department stopped Arth. Based on his observations, the patrolman…