Harvey v. Director of Revenue
371 S.W.3d 824
| Mo. Ct. App. | 2012Background
- Harvey was arrested for driving while intoxicated and submitted to a breath test at 1:03 a.m. showing BAC .090.
- Whiskey-soaked chewing tobacco remained in Harvey's mouth during the breath test.
- The arresting officer seized Harvey's license and informed him of a suspension under § 302.505.
- The Director's initial administrative decision sustained the suspension; Harvey obtained de novo review in circuit court, where the court reinstated his driving privileges.
- The Director appeals, arguing the circuit court erred in following Hurt and in relying on oral trial comments; the case involves standard of review for court-tried license cases and admissibility/weight of breath-test evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court may affirm based on oral explanations despite no written findings | Harvey argues Hurt controls and oral reasons support reversal. | Director contends absence of written findings means no basis for reversal; Hurt should not govern. | Affirmed on basis other than Hurt; no need to rely on oral findings. |
| Whether breath test reliability was properly evaluated given tobacco in mouth | Harvey contends tobacco in mouth rendered test unreliable; weight should favor Harvey. | Director argues test valid and evidence supports reliability. | Test reliability could be questioned; Yahoo—no, the court affirms on unreliability basis. |
| Whether Coyle presumption was overruled for admissibility/weight of breath tests | Harvey challenges continued applicability of Coyle's presumption of validity. | Director argues Coyle was controlling at time of trial. | White overruled Coyle; trial court could assess weight/credibility of breath tests under governing standards. |
Key Cases Cited
- Zahner v. Director of Revenue, 348 S.W.3d 97 (Mo.App. W.D. 2011) (standard of review for court-tried license cases)
- White v. Director of Revenue, 321 S.W.3d 298 (Mo. banc 2010) (overruled Coyle; clarifies burden standards)
- Hurt v. Director of Revenue, 291 S.W.3d 251 (Mo.App. S.D. 2009) (binding framework for trial court’s ruling in similar factual settings)
- Gholson v. Director of Revenue, 215 S.W.3d 229 (Mo.App. W.D. 2007) (trial court’s oral explanations may explain judgment; presumption not required)
- York v. Director of Revenue, 186 S.W.3d 267 (Mo. banc 2006) (deference to trial court on probable cause; standard of review for court-tried cases)
- Guhr v. Director of Revenue, 228 S.W.3d 581 (Mo. banc 2007) (unified standard of review for court-tried civil cases)
- Furne v. Director of Revenue, 238 S.W.3d 177 (Mo. App. W.D. 2007) (addressing weight/credibility in court-tried licenses; pre-White context)
- Carr v. Director of Revenue, 95 S.W.3d 121 (Mo. App. W.D. 2002) (regulation of breath-test procedures; pre-White framework)
- Graves v. Stewart, 642 S.W.2d 649 (Mo. banc 1982) (gravities of gratuitous findings in judgments)
- M. v. State (as cited in opinion), Unspecified (Various) (contextual references for appellate review norms)