Pendergrass v. Director of Revenue
| Decision Date | 12 October 1999 |
| Citation | 4 S.W.3d 599 |
| Parties | (Mo.App. E.D. 1999) . Adrian Frank Pendergrass, Respondent, v. Director of Revenue, Appellant. Case Number: 75569 Missouri Court of Appeals Eastern District Handdown Date: |
| Court | Missouri Court of Appeals |
Appeal From: Circuit Court of St. Louis County, Hon. Robert Cohen
Counsel for Appellant: Bernard Edelman
Counsel for Respondent: Evan J. Buchheim
Opinion Summary: The Director of Revenue appeals the circuit court judgment reinstating the driving privileges of Adrian Frank Pendergrass. The Director claims that the trial court erred in finding that there was insufficient evidence that driver had operated a motor vehicle.
REVERSED AND REMANDED.
Division Three holds: The record contains uncontroverted evidence that the arresting officer had reasonable grounds to believe that driver was operating a motor vehicle, namely the individual's statement that he was driving and a rental car employee who witnessed him driving.
Opinion Vote: REVERSED AND REMANDED. Teitelman, P.J., and Mooney, J., concur.
The Director of Revenue ("Director") appeals a judgment by the St. Louis County Circuit Court reinstating the driving privileges of Adrian Frank Pendergrass ("Driver"). The Director claims that the trial court erred in finding that there was insufficient evidence that driver had operated a motor vehicle. We reverse and remand.
On August 25, 1997, driver attempted to return an Avis rental car to the Hertz rental car office at Lambert airport. After a Hertz employee explained that he was in the wrong place, driver became angered and refused to move the car.
Upon arrival, the police confronted driver. Noting driver's inability to exit the automobile without help and the strong odor of intoxicants upon driver's breath, the police asked him to submit to a sobriety test. He became combative and refused, insisting, "I was driving down the highway and you started f**king with me." Following his refusal, he was handcuffed and taken to the police station.
Driver's license was revoked by the Department of Revenue. Pursuant to section 302.311 RSMo (1994), driver filed a petition for a trial de novo by the circuit court. The Director submitted the matter on the record, and driver presented no evidence at trial. The circuit court reinstated his driving privileges, finding that there was no evidence of operation of a motor vehicle. This appeal follows.
Our review of the trial court's decision is controlled by Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. 1976). The decision of the trial court will be affirmed unless it is not supported by substantial evidence, it is against the weight of the evidence, or it erroneously declares or applies the law. Id.
A person whose license has been revoked may petition for court review under Section 577.041.4. Zimmerman v. Director of Revenue, State of Mo., 988 S.W.2d 583, 585 (Mo. App. 1999). At the hearing the judge shall determine only whether or not the person was arrested; whether or not the arresting officer had...
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