Hamm v. Director of Revenue

KERRY L. MONTGOMERY, Judge.

At 8:30 p.m. on December 30, 1998, Trooper Douglas McDaniel of the Missouri State Highway Patrol stopped a vehicle driven by Ricky Gerard Hamm (Driver) for driving down the center of a county road and forcing the trooper to veer onto the shoulder to avoid a collision. Upon approaching Driver, the trooper (1) smelled intoxicants on Driver’s breath, (2) observed that Driver’s eyes were bloodshot and watery, and (3) noticed that Driver’s speech was slurred. Although Driver first denied drinking, he soon admitted having consumed “four to five” drinks.

The trooper then…