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Dickerson v. Wilson4/11/2000
This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.
Appeal From: Circuit Court of Jackson County, Hon. Charles L. Stitt
Opinion Vote: REVERSED AND REMANDED. Smart, P.J., Ellis and Smith, JJ., concur
Opinion:
On October 31, 1998, Kansas City, Missouri police officer Jeffrey Calvin received a call to respond to the scene of an "outside disturbance" resulting from an auto accident near Linwood and Norton in Jackson County. When he arrived at the scene, he observed Respondent Joe Dickerson standing in the roadway, and later testified that he noticed Dickerson was swaying. Officer Calvin observed a blue Dodge pickup truck parked on the west side of the street, with damage to the right front. He also observed a BMW resting partially on the sidewalk, with extensive damage to the left rear. Both vehicles were unoccupied.
When Calvin approached Dickerson, he detected a strong odor of alcohol, and noted that Dickerson's eyes were bloodshot and glassy. Calvin asked Dickerson what happened, and according to Calvin's testimony, Dickerson responded that he was "driving and hit the car --the car that was parked in the middle of the street." When Calvin asked Dickerson if he had been drinking, Dickerson responded, "I drove two beers." Upon further questioning, Dickerson admitted to drinking four twelve-ounce cans of Miller Lite. When asked to perform field sobriety tests, Dickerson said he was unable to perform the walk-and-turn test, could not perform the one-legged stand test due to a cold or sinus problem, and refused to look at the Officer in order for him to perform the horizontal gaze nystagmus test. Calvin testified that, when he asked Dickerson if he had been in the accident, Dickerson responded in the affirmative. Calvin did not ask Dickerson when the accident occurred.
At that point, Calvin placed Dickerson under arrest and read him the Miranda warnings and Implied Consent Law, section 577.020. Calvin testified that Dickerson then refused a chemical breath test. When officers tried to place Dickerson in a holding cell, he told them that he had only consumed Listerine. Dickerson was provided with a notice of revocation of his driving privileges for a period of one year beginning November 15, 1998 for failure to submit to a chemical test, section 577.041.
On November 9, 1998, Dickerson made a request for hearing pursuant to section 577.041 in the Associate Circuit Court of Jackson County. The court entered an order staying the revocation of Dickerson's driving privileges until January 21, 1999, which was continued to March 4, 1999, at which time the case was heard. The only evidence adduced at trial was the testimony of Officer Calvin. At the end of Calvin's testimony, counsel for Dickerson moved for summary judgment, which was granted by the court. The court entered its Final Judgment and Order reinstating Dickerson's driving privileges, which was amended on March 17, 1999. Director appeals.
In his sole point of error on appeal, Director argues that the trial court erroneously set aside the revocation of Dickerson's driving privileges under section 577.041.4, because the evidence established that Dickerson was arrested, that the officer had reasonable grounds to believe he had been driving a motor vehicle while intoxicated, and that he refused to submit to a breath test.
We will affirm the trial court's decision unless it is not supported by substantial evidence, is against the weight of the evidence, or misstates or misapplies the law. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). The trial court's decision should be limited to a determination
Page 1 2 Missouri DUI Attorneys
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