334 S.W.3d 673
Mo. Ct. App.2011Background
- Driver filed a section 577.041.2 petition to review the Director’s administrative revocation after refusing a breath test.
- Director revoked Driver’s license under section 577.041 based on Driver’s refusal to submit to a chemical test following a DWI arrest.
- Director introduced certified records (Exhibit A); Driver’s foundation challenge to the HGN portion of the AIR focused on lack of eight-hour training certification.
- Officer Frey stopped Driver at a safety checkpoint; observed odor of alcohol, open beer, watery/bloodshot eyes, and Driver’s performance on field sobriety tests.
- Driver refused the breath test after implied-consent rights were explained; circuit court found no reasonable grounds to believe intoxication and set aside the revocation.
- This appeal centers on whether uncontested evidence established reasonable grounds/probable cause to arrest for intoxication, with the circuit court’s ruling being challenged.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the officer had reasonable grounds to believe Driver was intoxicated | Harlan argues evidence shows no probable cause | Director contends uncontested observations establish reasonable grounds | Yes; the evidence provides reasonable grounds to believe intoxication |
Key Cases Cited
- White v. Director of Revenue, 321 S.W.3d 298 (Mo. banc 2010) (defers to trial court on contested issues; de novo review for uncontested facts; probable cause standard applicable)
- Routt v. Director of Revenue, 180 S.W.3d 521 (Mo.App. E.D.2006) (probable cause essentially synonymous with reasonable grounds)
- Edwards v. Director of Revenue, 295 S.W.3d 909 (Mo.App. S.D.2009) (implied consent and reasonable grounds framework; director bears burden)
- Hawkins v. Director of Revenue, 7 S.W.3d 549 (Mo.App. E.D.1999) (observations such as odor, behavior, and test results can support probable cause)
- Brown v. Director of Revenue, 85 S.W.3d 1 (Mo.banc 2002) (probable cause standard; later overruled on other grounds by White)
- Ornelas v. United States, 517 U.S. 690 (1996) (probable cause determined by totality of the circumstances; de novo review standard)