Terry v. Director of Revenue

ELLIS, Judge.

On October 11, 1998, Missouri Highway Patrol Officer Hugh Fowler stopped a vehicle driven by Shawn Terry for failure to signal a turn and speeding. Fowler brought Terry back to sit in the patrol car, at which time he noticed the smell of intoxicants (beer) on Terry’s person, that his eyes were bloodshot and glassy, his speech was slurred, and he swayed when he walked to the car. 1 Officer Fowler asked Terry how much he had had to drink, and Terry responded, “A couple.” Fowler conducted a gaze nystagmus test, on which Terry scored 6 of 6 points. 2 Fowler then requested Terry take…