A police officer discovered Steven Cox (plaintiff) sleeping or unconscious in the front seat of his parked vehicle in a gas station parking lot. The vehicle’s engine was still running. After awaking Cox, the police officer observed that Cox’s eyes were watery and bloodshot, he appeared disoriented, and he emitted a strong odor of alcohol. Additionally, the police officer observed a glass of brown liquid between Cox’s legs. Cox exited the vehicle and subsequently failed several sobriety tests. Cox’s blood alcohol content breath test registered .18 of one percent. The police officer arrested Cox for driving while intoxicated. Pursuant to Missouri law, the director of revenue (defendant) suspended Cox’s driving privileges. Cox requested a trial in circuit court challenging the suspension. The trial court held that the director improperly suspended Cox’s driving privileges. The director appealed.