Nobles v. Mollenkamp, 082719 MOCAS, SD35872

Docket Nº:SD35872
Opinion Judge:Nancy Steffen Rahmeyer, J.
Party Name:DANYEL AUBURN NOBLES, Petitioner-Respondent, v. JOHN MOLLENKAMP, ACTING DIRECTOR, DEPARTMENT OF REVENUE of the STATE OF MISSOURI, and DEPARTMENT OF REVENUE of the STATE OF MISSOURI, Respondents-Appellants.
Judge Panel:Gary W. Lynch, P.J., - Concurs. William W. Francis, Jr., J. - Concurs.
Case Date:August 27, 2019
Court:Court of Appeals of Missouri
 
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DANYEL AUBURN NOBLES, Petitioner-Respondent,

v.

JOHN MOLLENKAMP, ACTING DIRECTOR, DEPARTMENT OF REVENUE of the STATE OF MISSOURI, and DEPARTMENT OF REVENUE of the STATE OF MISSOURI, Respondents-Appellants.

No. SD35872

Court of Appeals of Missouri, Southern District, First Division

August 27, 2019

Appeal from the Circuit Court of Butler County Honorable Thomas D. Swindle, Special Judge.

Nancy Steffen Rahmeyer, J.

This is an appeal by the Director of Revenue ("Director"), following a Butler County Circuit Court judgment granting plaintiff Danyel Auburn Nobles's ("Nobles") petition to reinstate his driver's license following an administrative denial. Director's filed Answer included Exhibit A, which consisted of Department of Revenue records and included an alcohol influence report. A trial was held on April 24, 2018, in which "[p]ursuant to the agreement of the parties, [they] agree to submit this matter based upon the Alcohol Influence Report of . . . the Highway Patrol." In a judgment issued on November 20, 2018, the trial court found, "That [Director] lack[ed] probable cause to submit the alcohol influence report into evidence." (Emphasis added.) Based on that finding, the trial court ordered, adjudged and decreed that: "[Director] has failed to meet its burden to show that the arresting officer had reasonable grounds to believe that [Nobles] was driving a motor vehicle while in an intoxicated condition."

Director claims error in the trial court finding that it "lacked probable cause to submit the alcohol influence report into evidence" because it was properly certified. (Emphasis added.) We cannot ascertain from the judgment...

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