383 S.W.3d 14
Mo. Ct. App.2012Background
- Director suspends Velluto's commercial driving privileges for one year under §302.505 and §302.525; Velluto petitions for trial de novo in circuit court.
- Director admitted AIR, arrest report, post-arrest breath test, and arrest video at trial without objection.
- Velluto testified about drinking, lane behavior, and difficulties performing field sobriety tests; he admitted to drinking and to recognizing the breath test result.
- Trial court found no probable cause to arrest for driving while intoxicated and reinstated driving privileges, removing the admin revocation.
- E2D Director appeals; appellate court reverses, holding probable cause existed and remands to affirm suspension and disqualification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there probable cause to arrest for DWI? | Director argues probable cause existed. | Velluto contends lack of probable cause due to contested observations. | Probable cause existed; officer had reasonable belief of DWI based on admissions and observations. |
| Should the exclusionary rule affect the outcome given the post-arrest breath test evidence? | Director contends exclusionary rule not applicable to admin revocation. | Velluto argues suppression of breath test evidence. | Exclusionary rule not addressed on remand; no basis to undermine probable cause finding; court treats statutory framework as controlling. |
Key Cases Cited
- White v. Director of Revenue, 321 S.W.3d 298 (Mo. banc 2010) (probable cause standard; deference to trial court on credibility; legal question of probable cause)
- Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) (standard of review for trial court judgments)
- Storck v. Director of Revenue, 59 S.W.3d 545 (Mo.App. E.D. 2001) (directs reinstatement when Director fails to prove elements by preponderance)
- Soest v. Director of Revenue, 62 S.W.3d 619 (Mo.App. E.D. 2001) (drinking admission permits breath-test consideration; field sobriety tests not mandatory for probable cause)
- Bruce v. Department of Revenue, 323 S.W.3d 116 (Mo.App. W.D. 2010) (field sobriety tests supplement probable cause; not required)