Oates v. Director of Revenue

• Decision Date: 29 January 2002
• Docket Number: No. ED 79651.,ED 79651.
• Citation: 67 S.W.3d 664
• Parties: Kathleen A. OATES, Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Appellant.
• Court: Missouri Court of Appeals

67 S.W.3d 664

Kathleen A. OATES, Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Appellant.

No. ED 79651.

Missouri Court of Appeals, Eastern District, Division One.

January 29, 2002.

Jeremiah W. (Jay) Nixon, Attorney General, Tina M. Crow Halcomb, Asst. Attorney

General, Jefferson City, MO, for appellant.

Kathleen A. Oates, St. Louis, MO, pro se.

PAUL J. SIMON, Judge.

Director of Revenue, ("director"), appeals from the judgment of the Circuit Court of St. Louis County reinstating the driving privileges of respondent, Kathleen A. Oates ("driver"), after director revoked them pursuant to section 577.041, RSMo 2000. We reverse and remand.

At approximately 2:00 a.m. on July 22, 2000, Municipal Officer Jason Balsman ("officer") was at a gas station lot in the City of Crestwood, Missouri, when he observed a 1998 Silver Ford Escort on the lot that appeared to have been involved in a recent accident. Officer observed driver standing beside the vehicle and she appeared to be confused. As the officer approached driver, he noticed a beer can on the ground next to her. Officer also observed that driver was having trouble keeping her balance while standing.

Officer approached driver and asked if the vehicle belonged to her. Driver admitted that she owned the vehicle and that she was involved in an accident. As officer inspected the vehicle, driver walked inside the gas station. Shortly thereafter, driver walked around the north side of the building, ignoring officer as he called to her. When officer followed her, driver ran into a wooded area. After walking along the woodline, officer yelled to driver that she was under arrest for resisting a lawful detention. Driver came out of the woods and gave herself up. Officer placed her in custody, noting that her speech was slurred and her breath carried a "strong odor" of alcohol. Officer also observed that driver was having trouble keeping her balance and walking without assistance. Driver admitted that she had been drinking. Based on these observations, in conjunction with driver's poor performance on three standard field sobriety tests, officer concluded that driver was impaired. Driver volunteered and directed officer to where the accident occurred.

After securing the vehicle, officer took driver to the Crestwood Police Department. At the station, driver refused to consent to a breath test. In addition, driver stated she refused to answer any questions because she knew she was drunk. Because she refused the breath test, director notified driver that her driving privileges would be suspended for one year, pursuant to section 577.041, RSMo 2000. On August 18, 2000, driver petitioned for reinstatement of her driving privileges. After a hearing on March 29, 2001, the Commissioner found that officer was without probable cause to arrest driver for driving while intoxicated. On April 19, 2001, the trial court adopted the Commissioner's findings. Director appeals.

A trial court's judgment reinstating a driver's license following a suspension or revocation will be affirmed unless there is no substantial evidence to support it, it is against the weight of the evidence, or it erroneously declares or applies the law. Wampler v. Director of Revenue, 48 S.W.3d 32, 34 (Mo.banc 2001). In a refusal case, the trial court shall determine only: 1) whether or not the person was arrested; 2) whether or not the...