Howdeshell v. Director of Revenue

Citation184 S.W.3d 193
Decision Date22 February 2006
Docket NumberNo. 26740.,26740.
PartiesPaul Steven HOWDESHELL, Petitioner-Respondent, v. DIRECTOR OF REVENUE, State of Missouri, Respondent-Appellant.
CourtCourt of Appeal of Missouri (US)

Jeremiah W. (Jay) Nixon, Atty. Gen.; Cheryl Caponegro Nield, Assoc. Solicitor Gen., Jefferson City, MO, for Appellant.

Timothy R. Cisar, Lake Ozark, MO, for Respondent.

JEFFREY W. BATES, Chief Judge.

The Director of Revenue (Director) revoked the driver's license of Paul Howdeshell (Howdeshell) for one year after he refused to submit to a chemical test of his breath to determine his blood alcohol content. Howdeshell filed a petition for review. At trial, the only evidence presented by either party was a certified copy of Howdeshell's driving records from the Department of Revenue. The trial judge decided he had "no basis to believe that there was probable cause to arrest [Howdeshell] for driving while intoxicated." Therefore, the court entered a judgment setting aside the administrative revocation and reinstating Howdeshell's driving privileges. The Director contends the judgment is not supported by the evidence and resulted from a misapplication of the law. We agree. The judgment is reversed, and the cause is remanded with directions to reinstate the Director's one-year revocation of Howdeshell's driver's license.

I. Summary of the Relevant Statutory Framework

Section 577.020.1 specifies six circumstances in which a person who operates a motor vehicle upon the public highways of this state is deemed to have consented to a chemical test of the person's breath, blood, saliva or urine to determine the alcohol or drug content of the person's blood.1 One such circumstance is when "the person is arrested for any offense arising out of acts which the arresting officer had reasonable grounds to believe were committed while the person was driving a motor vehicle while in an intoxicated or drugged condition[.]" § 577.020.1(1). If the arrestee refuses to take the chemical test, the officer is required to make a sworn report of that fact to the Director. § 577.041.2(2). Upon receipt of the officer's report, the Director is required to revoke the individual's driving privileges for one year. § 577.041.3.

By filing a petition for review, the individual can obtain a post-revocation hearing in circuit court. § 577.041.4. There are only three issues to be decided at the hearing: "(1) whether or not the person was arrested or stopped; (2) whether the officer had reasonable grounds to believe that the person was driving a motor vehicle while in an intoxicated or drugged condition; and (3) whether or not the person refused to submit to the test." Hinnah v. Director of Revenue, 77 S.W.3d 616, 620 (Mo. banc 2002); § 577.041.4. "If the court determines any issue not to be in the affirmative, the court shall order the director to reinstate the license or permit to drive." § 577.041.5. The burden of proof rests on the Director. Rain v. Director of Revenue, 46 S.W.3d 584, 587 (Mo.App. 2001). If the Director makes a prima facie case for revocation, however, the burden of producing evidence to rebut the Director's case shifts to the driver. McFall v. Director, Dept. of Revenue, 162 S.W.3d 526, 533-34 (Mo.App.2005); Hamor v. Director of Revenue, 153 S.W.3d 869, 872 (Mo.App.2004).

II. Factual and Procedural History

In August 2004, Howdeshell was notified by the Department of Revenue that his driving privileges would be revoked for one year because he refused to submit to a chemical test of his blood alcohol level. He filed a petition for review pursuant to § 577.041.4.

In November 2004, attorneys for the Director and Howdeshell appeared for the post-revocation hearing. They agreed that the Director's case would be submitted via Exhibit 1, which was a certified copy of Howdeshell's driving records from the Department of Revenue. These records were incomplete because the first page of the officer's alcohol influence report (AIR) and the third page of his incident report were missing. Neither attorney appears to have noticed the omissions, and Exhibit 1 was admitted by stipulation. It contained the facts set out below.

At 1:48 a.m. on August 5, 2004, Osage Beach Police Officer Tim Taylor (Officer Taylor) was traveling west on Highway 54. At that location, the highway had two westbound and two eastbound lanes. Officer Taylor observed a white Ford Taurus traveling at a high rate of speed in the inside, eastbound lane. He activated his radar unit and checked the Taurus' speed. It was traveling 86 m.p.h. in a 45-m.p.h. zone. A light rain was falling, and the pavement was wet. As the Taurus approached a curve, it slid sideways into the outer, eastbound lane and nearly struck the curb. The vehicle increased speed as it exited the curve. Officer Taylor continued to monitor his radar unit. As the Taurus passed Officer Taylor, it was going 90 m.p.h. in a 45-m.p.h. zone. Officer Taylor made a quick U-turn and activated his lights and siren. The brake lights on the Taurus activated briefly, but then went off. It was obvious to Officer Taylor that the Taurus was not slowing down. When he caught up with the vehicle, it made a quick left turn into a gravel lot. Officer Taylor followed and exited his patrol car. The driver of the Taurus said his accelerator stuck. He provided his driver's license and proof of insurance to Officer Taylor. These documents identified Howdeshell as the Taurus' driver. Officer Taylor detected a strong odor of intoxicants coming from the Taurus and asked Howdeshell if he had been drinking. He admitted to drinking "a couple of beers." While speaking with him, Officer Taylor detected a strong odor of intoxicants coming from Howdeshell's person. When Officer Taylor advised Howdeshell to get out of the Taurus, he hesitated and seemed confused. He appeared to be trying to unbuckle his seat belt, but it was not fastened. Howdeshell was given some field sobriety tests and failed all of them. He was arrested for driving while intoxicated and transported to the police station. Howdeshell was asked to submit to a chemical test of his breath. He asked for an attorney and was given 20 minutes to contact one. After the 20-minute period expired, Howdeshell was again asked to submit to a chemical test of his breath. He refused to give a sample.

After Exhibit 1 was admitted in evidence, the attorneys stipulated that Howdeshell would have two days to present any additional evidence he wanted the court to consider. When none was presented within the allotted time period, the court closed the evidence and took the case under submission.

In December 2004, the court entered a judgment in favor of Howdeshell. The court found that Howdeshell did refuse the breath test, but he was entitled to have his driving privileges reinstated for the following reasons:

[T]he court finds no evidence was presented regarding whether or not [Howdeshell] was the only person in the car. Evidence was presented that the officer observed a strong odor of intoxicants in the car but no evidence showing results of field sobriety tests were described (page 3 of incident report was not submitted). Court therefore has no facts to review relating to any sobriety tests, only officer's conclusions. Court does not know what tests were given nor a description of [Howdeshell's] performance. Therefore, the Court has no basis to believe that there was probable cause to arrest [Howdeshell] for driving while intoxicated.

This appeal followed.

III. Standard of Review

We must affirm the trial court's judgment unless: (1) there is no substantial evidence to support it; (2) it is against the weight of the evidence; (3) the trial court erroneously declared the law; or (4) the trial court erroneously applied the law. Hinnah v. Director of Revenue, 77 S.W.3d 616, 620 (Mo. banc 2002); Laney v. Director of Revenue, 144 S.W.3d 350, 352 (Mo.App.2004). In license revocation cases, however, it is important to note that neither a trial court nor an appellate court may disregard uncontroverted evidence supporting the fact that all elements of the Director's case were met. Curnutt v. Director of Revenue, 142 S.W.3d 225, 227 (Mo.App.2004).

IV. Discussion and Decision

Exhibit 1 was the only evidence presented by either party. This exhibit consisted of certified copies of the Director's records, which included a copy of the AIR and Officer Taylor's incident report. The facts necessary to establish the Director's prima facie case can be proven through such documentary evidence alone. See, e.g., Curnutt, 142 S.W.3d at 227; Burk v. Director of Revenue, 71 S.W.3d 686, 687 (Mo.App.2002); Lyons v. Director of Revenue, 36 S.W.3d 409, 411 (Mo.App. 2001); McCabe v. Director of Revenue, 7 S.W.3d 12, 14 (Mo.App.1999). On appeal, the Director and Howdeshell agree that Exhibit 1 contained sufficient facts to prove that Howdeshell was arrested and refused the breath test. Therefore, the first and third elements of the Director's prima facie case were met. The only disputed issue is whether Officer Taylor had reasonable grounds to believe Howdeshell was driving a motor vehicle in an intoxicated condition. Reasonable grounds and probable cause are virtually synonymous. Hinnah, 77 S.W.3d at 620. As our Supreme Court noted in Hinnah:

Probable cause to arrest exists when the arresting officer's knowledge of the particular facts and circumstances is sufficient to warrant a prudent person's belief that a suspect has committed an offense. Whether there is probable cause to arrest depends on the information in the officers' possession prior to the arrest. There is no precise test for determining whether probable cause exists; rather, it is based on the particular facts and circumstances of the individual case.

Id. at 621 (citations omitted). "The probable cause required for the suspension or revocation of a driver's license is the level of probable cause necessary to arrest a driver for an...

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