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Hockman v. Direct of Revenue4/29/2003
Opinion Vote: REVERSED.
Holliger and Spinden, JJ., concur.
Opinion:
The Director of Revenue ("Director") appeals the trial court's reinstatement of the driving privileges of Charlotte Hockman on the basis that the decision was against the weight of the evidence. The judgment is reversed.
Facts
In the early morning hours of November 25, 2000, Highway Patrol Officer S. M. Campbell stopped a vehicle being driven by Ronald Hockman in Warsaw, Missouri, after observing that the vehicle did not have any registration visible. The driver pulled into a nearby parking lot. The respondent Charlotte Hockman was in the passenger seat of the vehicle. While conducting the stop, the officer observed that the driver, Mr. Hockman, was intoxicated. The officer arrested him for driving while intoxicated.
The officer returned to the vehicle to speak with Charlotte Hockman, the passenger. He detected a "strong odor of an alcoholic beverage on or about her person" and noted that "her eyes appeared bloodshot and glassy." The officer asked Ms. Hockman if she had been drinking, and she replied that she had been. The officer noticed a plastic "Busch" cup in the console and asked Ms. Hockman what was in the cup. She stated that it was her cup of vodka. Ms. Hockman then asked if she could drive the vehicle to the Sheriff's office, and the officer told her she could not drive because he believed that she was intoxicated. The officer informed Ms. Hockman that another officer could give her a ride.
When the officer returned to his patrol car to radio the Sheriff's office, Ms. Hockman got behind the wheel of her vehicle and drove out of the parking lot onto the street. The officer immediately pulled her over and asked her to step out of the vehicle. When she refused, the officer then "assisted" Mrs. Hockman out of the vehicle. Ms. Hockman refused the officer's request to perform field sobriety tests. The officer placed her under arrest for driving while intoxicated. She was then taken to the Sheriff's office. At the Sheriff's office, Ms. Hockman was given a Miranda warning and informed of the implied consent law. She stated that she understood; but when asked to submit to a breathalyzer test, she refused.
The Director of Revenue was notified of Ms. Hockman's refusal to submit to a breath test, and on December 10, 2000, her driving privileges were revoked for one year, pursuant to section 577.041.3, RSMo 2000. Ms. Hockman filed a petition for judicial review of the revocation with the Benton County Circuit Court.
At trial, neither the officer nor Ms. Hockman testified. The sole piece of evidence introduced was Ms. Hockman's driving record, offered by the Director. The driving record included Ms. Hockman's driving history, the alcohol influence report from the November 25, 2000 incident, and Officer Campbell's narrative supplement to the report.
Ms. Hockman presented no evidence at the hearing. Her attorney did object to the admission of a part of the alcohol influence report, stating: " Specifically, page 9 of the report is illegible and therefore shouldn't be admissible and the Respondent shouldn't carry the burden." The objection was not ruled on, and the court took the case under advisement.
On April 10, 2002, the Honorable Larry M. Burditt entered judgment in favor of Ms. Hockman, ordering the reinstatement of her driving privileges. The judgment did not contain any findings of fact or conclusions of law, reciting only: "The Court finds the issues in favor of the Petitioner and against the Respondent."
The Director appeals.
Judgment Against the Weight of the Evidenc
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