 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Hunt v. Director of Revenue8/3/1999
This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.
Appeal From: Circuit Court of St. Charles County, Hon. Donald E. Dalton
Opinion Vote: JUDGMENT REVERSED AND REMANDED WITH DIRECTIONS. Crane and Mooney, JJ., concur.
Opinion:
The Director of Revenue (Director) appeals the judgment of the Circuit Court of St. Charles County, Missouri, setting aside the revocation of driving privileges of James Paul Hunt (Driver).
On appeal, Director contends the trial court erred by: (1) setting aside Hunt's revocation because it erroneously applied the law, and the judgment is against the weight of the evidence in that Driver was arrested upon probable cause that he was driving in violation of an alcohol related offense; (2) excluding the maintenance report because it erroneously applied the law in that the Director did not need to produce a certificate of analysis under 19 CSR 25-30.051 for maintenance reports completed before March 26, 1996; and (3) setting aside Driver's revocation because it is an erroneous application of the law and is not supported by substantial evidence in that the Director proved Driver had a blood alcohol content of .10 percent or more in that Driver only objected to the admission of the maintenance report, and the breath test results were admitted without objection. We reverse and remand.
Reviewing a court tried case, we affirm the judgment of the trial court unless there is no substantial evidence to support it, unless it is against the weight of the evidence, unless it erroneously declares, or applies the law. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo.banc 1976).
The record on appeal shows that on July 16, 1995, Deputy J. Woerther of the St. Charles County Sheriff's Department observed a gray Lincoln traveling north on Highway T in St. Charles County. Woerther observed the automobile moving from the shoulder on the right side of the northbound lane, over the center line into the southbound lane, and back on to the right shoulder. Woerther attempted to position his vehicle closer to that of Driver. At that time, Driver used the southbound lane to pass a car while going up a hill. Woerther then activated his vehicle's emergency lights and audible siren, passed the car that Driver had just passed and pulled over the vehicle that Driver was operating and in which a female was a passenger. After being pulled over, Driver exited the car and approached Woerther.
Upon contact with Driver, Woerther observed an odor of alcohol on Driver's breath and noticed Driver's speech to be slurred and his eyes to be glassy and bloodshot. Further, Woerther observed that Driver appeared to have trouble balancing himself as he stood. Woerther issued three citations to Driver. The first citation was for violating section 304.015, RSMo 1994 (all further references shall be to RSMo 1994 unless otherwise indicated) by failing to drive on the right half of the roadway when there was sufficient width, the second citation was for violating section 304.016 by driving his vehicle to the left side of the roadway when his view was obstructed by a hill, and the third citation was for violating section 577.010 by operating a motor vehicle while in an intoxicated condition. Severe lightning and heavy rain prevented Woerther from performing field sobriety tests on Driver at the site where he was pulled over. Woerther transported Driver and his female companion to the St. Charles County Sheriff's Department. On the way to the Sheriff's Department, Driver made a spontaneous utterance that he and his female companion had consumed two bottles of wine at the wineries in Augusta. Driver was giv
Page 1 2 3 4 5 Missouri DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|