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Kearney v. Director of Revenue8/24/1999
e leads to a reasonable inference sufficient to support the judgment. The Director's contention that Varga and Nickels agreed that Nickels swabbed the area from which the blood was taken is not meritorious in light of Varga's further testimony that she did not see anyone swab the left arm. Driver's left arm was the arm from which Nickels independently recalls drawing blood. The conflicting testimony clearly indicates a credibility dilemma.
Since there was no finding of fact concerning the credibility of the witnesses, the conflicting testimony is in accordance with the result reached. See Scott 755 S.W.2d at 752; Rule 73.01(a)(3).
The Findings and Recommendations of Commissioner and Judgment of the Court indicates that the court found insufficient evidence to establish probable cause, citing that the officer's observations could have been attributable to injuries incurred by Driver in the accident. Because the reasonable inference that the trial court made a credibility determination is sufficient to support the judgment, we find it unnecessary to address the issue as to probable cause to arrest and Driver's second point.
Judgment affirmed.
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