Smith v. Director of Revenue

JAMES K. PREWITT, Presiding Judge.

Director of Missouri’s Department of Revenue (“Director”) challenges the trial court’s jurisdiction to set aside the revoca tion of Gary N. Smith’s (“Petitioner”) driving privileges. 1

Petitioner was pulled over for driving while intoxicated by Morehouse, Missouri police officer Frank Allen. Allen conducted a field sobriety test, which Petitioner failed. During a search incident to arrest, Allen discovered marijuana on Petitioner. Allen took Petitioner to the New Madrid Sheriffs Department and administered a breathalyzer test which indicated a blood alcohol…