 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Simmons v. Director of Revenue10/26/1999
>
Considering (a) the accident site -- a county highway west of Poplar Bluff, (b) the early morning hour, (c) the time of year -- early January, and (d) the fact that Simmons was evidently alone when the accident occurred, Matthews could reasonably believe (as he obviously did) that Simmons would not have lingered very long at the scene, but instead would have departed or had a passerby summon someone to come for her had the deputies not swiftly arrived.
Furthermore, Matthews quoted Simmons as saying she "was drinking at the Holiday Inn." There was no evidence indicating Simmons drank anything at the accident site during the interval between the accident and the deputies' arrival.
Mindful that the determination of whether Matthews had reasonable grounds to believe Simmons was intoxicated when the accident occurred must be made in relation to the circumstances as they would have appeared to a prudent, cautious and trained officer, Farin, 982 S.W.2d at 715 ; Chinnery, 885 S.W.2d at 51 , and emphasizing that Matthews's testimony was uncontradicted and his credibility unassailed, this court holds there was no evidence to support a finding that Matthews lacked reasonable grounds to believe Simmons was intoxicated when the accident occurred.
The judgment is reversed and this cause is remanded to the trial court with a directive to enter judgment affirming Director's revocation of Simmons's license.
Separate Opinion: None
Page 1 2 3 4 Missouri DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|