Aron v. Director of Revenue, State of Mo., 69228
| Decision Date | 13 October 1987 |
| Docket Number | No. 69228,69228 |
| Citation | 737 S.W.2d 718 |
| Parties | Dan ARON, Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Appellant. |
| Court | Missouri Supreme Court |
William L. Webster, Atty. Gen., James A. Chenault, Sp. Asst. Atty. Gen., Dept. of Revenue, Jefferson City, for appellant.
Henry L. Graf, Kansas City, for respondent.
After Aron was arrested for driving while intoxicated, the Department of Revenue issued an order suspending his driver's license pursuant to Sections 302.500 to 302.540, RSMo Supp.1984. After a trial de novo, the circuit court ordered his license reinstated. The director appealed. The Court of Appeals, Western District, reversed but failed to remand the case for further hearing. We granted transfer and have jurisdiction. Mo. Const. art. V, sec. 10. Reversed and remanded.
While driving west on Ninth Street, a Kansas City, Missouri police officer observed Aron driving in front of him. The officer testified that Aron's vehicle was straddling the lanes. After following him for approximately one block, the officer pulled the vehicle over. Upon stopping his car, the officer radioed in to the dispatcher that he had a traffic violator. He then left his car and approached Aron. Aron got out of his car as well and he met the officer somewhere between the two vehicles.
Aron was staggering as he walked. He admitted that he had been drinking. The officer detected the odor of intoxicants and observed that Aron's eyes were dilated and he could not keep his balance. Field sobriety tests were administered. Based on Aron's unsatisfactory performance, the officer concluded that he was intoxicated. The officer arrested Aron for lane straddling and transported him to the police station for a breathalyzer test. After the test showed his blood alcohol concentration to be fifteen-hundredths (.15) of one percent, he was arrested for driving while intoxicated.
Aron's driver's license was subsequently suspended. Pursuant to Section 302.535, RSMo 1986, Aron obtained a trial de novo. After hearing the Director's evidence, the trial court found that there was no probable cause for the arrest and ordered reinstatement of the license. On appeal, where review is pursuant to Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976), the director contends that the trial court's judgment was both unsupported by the evidence and an erroneous application of the law. We agree.
Section 302.505, RSMo 1986, provides for administrative license suspension or revocation where it is determined that a person was arrested upon probable cause to believe he was driving a motor vehicle while the alcohol concentration in his blood or breath was thirteen-hundredths of one percent or more. In Collins v. Director of Revenue, 691 S.W.2d 246, 251 (Mo. banc 1985), this Court held that the type of probable cause required was that necessary to effectuate the arrest for the alcohol-related violation. In Schranz v. Director of Revenue, 703 S.W.2d 912, 913 (Mo.App.1986), the court determined that such probable cause existed where the police officer observed a traffic violation or unusual operation of a vehicle and, upon stopping the motorist, indications of alcohol...
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