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Duckworth v. Director of Revenue11/23/1999
of reasonable caution to believe an offense has been committed. Guccione v. Director of Revenue, 988 S.W.2d 649, 654 (Mo. App. E.D. 1999). The determination of whether a police officer has probable cause to arrest "must be made in relation to circumstances as they appeared to a prudent, cautious, and trained police officer." Id.
Here, the record shows the following: The officer saw Driver's car swerve several times and cross the center line twice. The arresting officer smelled alcohol on Driver's breath. After performing field sobriety tests, officer concluded Driver was intoxicated and indicated the bases for that determination on an Alcohol Influence Report.
The record establishes that Director satisfied its prima facie burden of showing the arresting officer had probable cause to arrest Driver.
In addition, the issue focusing on the application of 19 CSR 25-30.051 in this case is identical to the issue addressed in our decision in Blechle v. Director of Revenue handed down simultaneously with this case. As in Blechle, we find that the certificate of analysis introduced at the trial de novo complies with the requirements of the emergency version of 19 CSR 25-30.051 in effect on that date. The terms of the emergency version do not even require a certificate of analysis.
The record does not indicate, however, that Driver had an opportunity to present evidence. Under the circumstances we remand for further proceedings. See Hackmann v. Director of Revenue, 991 S.W.2d 751, 753 (Mo. App. E.D. 1999).
Reversed and remanded for further proceedings consistent with this opinion.
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