363 S.W.3d 55
Mo. Ct. App.2011Background
- Director of Revenue suspends Sostman’s driving privileges and disqualifies commercial privileges after a February 2010 DWI arrest.
- Sostman petitioned for a de novo trial on the suspension; trial occurred in August 2010.
- Deputy Jackson testified at trial: checkpoint stop at 11:15 p.m., faint odor of alcohol, glassy eyes, swaying; failed multiple field sobriety tests; BAC reported as .109 after arrest.
- Air report (AIR) classified odor as “faint”; Sostman admitted drinking two to four beers prior to arrest; breath test performed with a DataMaster device.
- Trial court found Deputy credible but concluded evidence did not establish probable cause; BAC result omitted due to permit issue; Director appeals.
- Court reverses and remands to reinstate the administrative suspension and disqualification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for arrest established | Sostman challenged probable cause; Director argues uncontested evidence supports probable cause | Sostman contends evidence insufficient when viewed collectively | Probable cause exists; trial court erred in finding no probable cause |
| Admissibility of breath test and maintenance records | Breath test results and maintenance records should be admitted per subsequent case law | Breath test admissibility argued; permitted under later authorities; BAC over .08 shown | Breath test results admissible; BAC over .08 established; records admissible |
Key Cases Cited
- Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) (standard of review for appellate courts)
- White v. Dir. of Revenue, 321 S.W.3d 298 (Mo. banc 2010) (deference to trial court on contested credibility; appellate review for abuse of discretion)
- Connelly v. Dir. of Revenue, 291 S.W.3d 318 (Mo.App. E.D.2009) (burden on Director; probable-cause and BAC proof required)
- Storck v. Dir. of Revenue, 59 S.W.3d 545 (Mo.App. E.D.2001) (Director must prove probable cause and BAC to sustain suspension)
- McCarthy v. Dir. of Revenue, 120 S.W.3d 760 (Mo.App. E.D.2003) (partial failure of field sobriety tests can support probable cause)
- Coffin v. Dir. of Revenue, 277 S.W.3d 865 (Mo.App. W.D.2009) (probable-cause assessment for DUI arrest informed by officer’s perspective)
- Harlan v. Dir. of Revenue, 334 S.W.3d 673 (Mo.App. S.D.2011) (probable-cause legal question reviewed de novo on appeal)
- Schneider v. Dir. of Revenue, 339 S.W.3d 533 (Mo.App. E.D.2011) (breath-test permits issued by DHSS are valid; test results admissible)