Jeffrey B. Kramer v. Director Revenue

The Director of Revenue appeals from the trial court's judgment ordering the Director to remove the administrative suspension, for driving while intoxicated, from Jeffrey B. Kramer's driving record. The facts are not in dispute. In the early morning hours of August 20, 1994, a police officer noticed Mr. Kramer's pick-up truck, with its lights on, sitting in a parking lot. The businesses located at this site were closed. The officer did not see a driver in the truck. When he pulled in behind the truck to check the license plate, the officer noticed Kramer slumped over the steering wheel, apparently passed out. When the officer awoke Kramer, he noticed a moderate odor of intoxicants about him, and food or vomit on the front of his shirt. Kramer was given a series of field sobriety tests, which he failed. He registered a blood alcohol content of .163 per cent and was arrested for driving while intoxicated.