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Cain v. Director of Revenue3/26/2004
Opinion Vote: AFFIRMED.
Barney, P.J., and Garrison, J., concur.
Opinion:
Pursuant to section 577.041, RSMo 2000, the Director of Revenue ("Director") revoked the driving privileges of Joel H. Cain based on his refusal to submit to a chemical test upon his arrest for driving while intoxicated.
Cain petitioned the Circuit Court of Hickory County for review. In his petition, Cain contended, in part, that: (1) he was not properly under arrest; (2) the arresting officer did not have reasonable grounds to believe Cain was driving while intoxicated; and (3) Cain did not refuse to submit to a chemical test at the request of the arresting officer.
After an evidentiary hearing, the circuit court reinstated Cain's driving privileges upon its finding that "there was no probable cause for the arresting officer to believe [Cain] was driving while intoxicated." With one point relied on, Director appeals and argues that the trial court erred in finding that the arresting officer lacked reasonable grounds to arrest Cain for driving while intoxicated.
On September 2, 2002, a collision occurred on a gravel road in Hickory County between an all-terrain vehicle ("ATV") driven by Cain and a pick-up truck. The impact occurred as Cain was attempting, or had just made, a left-hand turn out of a driveway and onto the gravel road. When Trooper Michael Arand of the Missouri Highway Patrol ("Trooper") arrived at the scene, Cain was being administered aid by medical personnel. Trooper approached the driver of the pick-up and noticed an odor of intoxicants. Trooper conducted non-specified field sobriety tests on that driver, which, according to Trooper, showed no indication of intoxication. The driver of the pick-up informed Trooper that immediately following the collision, friends of Cain removed a cooler from the scene.
Trooper then approached Cain, who was on a backboard and being administered medical aid by a paramedic and an emergency medical technician. Trooper observed that Cain had a head injury. During his interview with Cain regarding the incident, Trooper asked Cain to take a field sobriety test, specifically a gaze nystagmus test, which was the only test Trooper deemed was an option due to Cain's status of being strapped to a backboard, which limited Cain's ability to participate in any other tests.
Cain refused to participate in the field sobriety test, initially claiming that he was in too much pain. As Trooper was approaching Cain, Trooper overheard the paramedic ask Cain about his level of pain, to which Cain responded that he was "not really" in any pain. Trooper informed Cain that the test would not cause any pain, but Cain stated that the sun was in his eyes. Although Trooper noted that he was able to place himself in a position over Cain that would block the sun, Cain again refused to participate in the gaze nystagmus test. Cain asked Trooper if Trooper "had anything better to do."
After Cain's refusal to participate in the field sobriety test, Trooper advised Cain that he was under arrest for driving while intoxicated. Trooper then asked Cain to submit to a blood test, and, according to Trooper, Cain refused.
In terms of other indicia of intoxication, according to Trooper, Cain's eyes were glassy. Trooper did not notice any odor of intoxicants, but Cain was wearing an oxygen mask during the interview. On the Alcohol Influence Report, Trooper marked that Cain's speech was coherent and that Cain's ability to follow instructions was good.
At the hearing held on October 16, 2002, in addition to Trooper, who was the only witness brought on behalf of Director, Cain called several
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