Rain v. Director of Revenue

• Decision Date: 17 April 2001
• Citation: 46 S.W.3d 584
• Parties: (Mo.App. S.D. 2001) Jeremy S. Rain, Petitioner/ Respondent v. Director of Revenue, State of Missouri, Respondent/Appellant. ED78380 0
• Court: Missouri Court of Appeals

46 S.W.3d 584 (Mo.App. S.D. 2001)

Jeremy S. Rain, Petitioner/ Respondent v. Director of Revenue, State of Missouri, Respondent/Appellant.

ED78380

Missouri Court of Appeals Eastern District

04/17/2001

Appeal From: Circuit Court of the City of St. Louis, Hon. Steven R. Ohmer

Counsel for Appellant: John F. Newsham

Counsel for Respondent: Elizabeth P. Schott

Opinion Summary: The Director of Revenue appeals the trial court's judgment reinstating the driving privileges of Jeremy S. Rain, after judicial review of his refusal to submit to a chemical test under Section 577.041, RSMo (Cum. Supp. 1998).

Division Five holds: The totality of the arresting officer's observations, information, and experience and the reasonable inferences drawn therefrom make it more probable than not that petitioner was intoxicated when he drove through a city intersection at 80 miles per hour, collided with a parked car, and thereafter exhibited glassy, bloodshot eyes, slurred speech, an unsteady gait, and trouble concentrating.

Hoff, C.J. and Blackmar, Sr. J., concur.

Kathianne Knaup Crane, Judge

The Director of Revenue ("Director") appeals from the trial court's judgment reinstating the driving privileges of petitioner, Jeremy S. Rain, after judicial review of his refusal to submit to a chemical test under Section 577.041 RSMo (Cum. Supp. 1998). We reverse and remand.

On December 9, 1998 a City of St. Louis police officer responded to an accident with injuries on West Pine in the City of St. Louis. When he arrived at the scene he observed that four cars parked at the curb on the south side of West Pine were damaged. A heavily damaged blue Acura was blocking the street. Paramedics were treating petitioner, who was standing next to the Acura, for a head laceration, and others were treating a seriously injured female passenger, who had to be removed from the vehicle. Petitioner advised the officer that he had been traveling west on West Pine and entered the intersection at Boyle when the signal was green and was struck by one of the other damaged vehicles, which had run a red light. The officer, however, observed that the intersection was not controlled by electric signals, but by four-way stop signs. The officer observed that petitioner's eyes were glassy-looking and bloodshot, that he was unsteady on his feet, that his speech was slurred, and that he had trouble concentrating. However, the officer did not smell alcohol on petitioner's breath.

Petitioner denied that he had been drinking and said that he did not have a bump on his head. He refused to go to a hospital. The officer listened to witnesses to the accident tell other officers at the scene that petitioner had been the driver of the Acura. The witnesses reported that the vehicle was traveling over 80 miles an hour when it went through the stop sign at Boyle, struck the planter box forming the median for West Pine, became briefly airborne, and struck a parked car, causing a chain reaction of damage to the other parked cars.

In the officer's professional opinion, petitioner was intoxicated. The officer informed petitioner of his rights under the Missouri Implied Consent Law. Petitioner refused to comply with a field sobriety test or a breath analysis. The officer placed petitioner under arrest for driving while intoxicated and other charges. Petitioner was taken to the police station, where the officer met him, again advised him of his rights, and gave him a second opportunity to take a breath analysis test.

As a result of his refusal to submit to a breath analysis test, Director revoked petitioner's license for one year pursuant to Section 577.041.3 RSMo (Cum. Supp. 1998). Petitioner filed a Petition for Review of Administrative Order in the Circuit Court of the City of St. Louis pursuant to Section 577.041.4 RSMo (Cum. Supp. 1998).

At trial, Director offered into evidence a certified copy of his records, which included the police report containing the alcohol influence report and the arresting officer's narrative, and called the arresting officer to testify. Petitioner cross-examined the officer and offered into evidence two photographs of petitioner's head laceration and petitioner's medical records. The trial court entered judgment for petitioner based on its finding that "there were insufficient reasonable grounds to support the determination of the police officer and the actions of the Director of Revenue based upon the evidence adduced."

On appeal Director contends the trial court erred in setting aside the revocation of petitioner's driving privileges because Director proved a prima facie case, which petitioner did not rebut, that petitioner was arrested, that the arresting officer had reasonable grounds to believe petitioner was driving while intoxicated, and that petitioner refused to submit to a breath test.

We affirm the trial court's judgment 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. Zimmerman v. Director of Revenue, 988 S.W.2d 583, 585 (Mo. App. 1999). However, we are not required to defer to the trial court's findings when the evidence is uncontroverted and the case is virtually one of admitting the facts or when the evidence is not in conflict. Marsey v. Director of Revenue, 19 S.W.3d 176, 177 (Mo. App. 2000); Pendergrass v. Director of Revenue, 4 S.W.3d 599, 601 (Mo. App. 1999).

Section 577.041.4 allows a person whose license has been revoked for failure to submit to a chemical test to request a hearing before a court in the county in which the arrest occurred. At the hearing, in a case arising on facts such as these, the judge shall determine only: (1) whether or not the person was arrested; (2) whether or not the arresting officer had reasonable grounds to believe that the person was driving a motor vehicle in an intoxicated condition; and (3) whether or not the person refused to submit to the test. Id. Director has the burden of proof at this hearing. Zimmerman, 988 S.W.2d at 585. If the judge finds any issue not to be in the affirmative, the judge must order Director to reinstate the license. Section 577.041.5.

Petitioner does not dispute that he was arrested or that he refused to submit to a chemical test. The only contested issue is whether the arresting officer had reasonable grounds to believe petitioner was driving while intoxicated. Petitioner argues that because certain facts were controverted at trial, Director's prima facie case on this issue was rebutted. We disagree. The facts petitioner claims are disputed are not material to the inquiry whether the information conveyed to the officer and the officer's observations constituted reasonable grounds for the officer to believe that petitioner was driving in an intoxicated condition. That the officer received information and made the observations he reported and testified to was not controverted. Our standard of review does not allow us to disregard uncontroverted evidence that supports Director's contention that all elements were proved. Myers v. Director of Revenue, 9 S.W.3d 25, 28 (Mo. App. 1999).

"Reasonable grounds" is virtually synonymous with probable cause for arrest for driving while intoxicated. Hawkins v. Director of Revenue, 7 S.W.3d 549, 551 (Mo. App. 1999). Probable cause to arrest for driving while intoxicated exists when a police officer observes an unusual or illegal operation of a motor vehicle and observes indicia of intoxication upon coming into contact with the motorist. Hunt v. Director of Revenue, 10 S.W.3d 144, 148 (Mo. App. 1999). In determining if reasonable grounds exist, the court must evaluate the situation from the viewpoint of a cautious, trained, and...