Klobe v. Director of Revenue, State

GARY M. GAERTNER, Judge.

Appellant, the Director of Revenue for the State of Missouri (“Director”), appeals from the judgment of the Circuit Court of St. Charles County setting aside the suspension of driving privileges of respondent, William Edward Klobe (“driver”). We reverse and remand.

On October 10, 1995, at about 1:00 a.m., Missouri State Highway Patrolman Harold E. Smith, Jr. (“Trooper Smith”), noticed a white and blue pickup truck weaving on Interstate 70. He pulled the truck over. When Trooper Smith spoke with driver, he immediately detected a strong odor of intoxicants and noted…