Rhodes v. Director of Revenue

CROW, Judge.

At 2:30 a.m., June 23, 1997, a patrolman of the Missouri State Highway Patrol saw a motor vehicle exceeding the speed limit in a “construction zone.” The patrolman stopped the vehicle; its operator was Patrick J. Rhodes (“Driver”).

At the patrolman’s request, Driver performed six “field sobriety tests.” Driver’s performance, coupled with the result of a “portable breath test” administered by the patrolman, convinced the patrolman that Driver was intoxicated. Accordingly, the patrolman arrested Driver for driving while intoxicated at 2:42 a.m. and took him to the local sheriffs…