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Cain v. Director of Revenue3/26/2004
e cause for the arresting officer to believe [Cain] was driving while intoxicated." Director was ordered to set aside the revocation of Cain's driving privileges. In a letter dated December 6, 2002, counsel for Cain indicated that he had prepared the final judgment and order document, which contained the same information as the docket entry, for filing and asked that the trial judge sign the document. The judge did sign the document, entitled "Judgment Entry and Order," which was filed on December 9, 2002. The appeal was filed January 13, 2003.
In this appeal, Director raises one point and argues that the trial court erred in its determination that Trooper lacked probable cause to arrest Cain for driving while intoxicated.
In a judge-tried case, the judgment is to be affirmed unless there is no substantial evidence to support it, unless it is against the weight of the evidence, or unless it erroneously declares or applies the law. Boyd v. Dir. of Revenue, 71 S.W.3d 262, 264 (Mo.App. 2002). We defer to the trial court's determination of credibility. Hinnah v. Dir. of Revenue, 77 S.W.3d 616, 620 (Mo.banc 2002). However, if the evidence is uncontroverted or admitted, such that the real issue is strictly a legal one regarding the legal effect of the evidence, then there is no need to defer to the trial court's judgment. Id. The evidence was controverted here; thus, deference is due to the trial court's determination. Id.
Under section 577.020.1, RSMo 2000 (Missouri's implied consent law), any person who drives on public highways is deemed to have consented to a chemical test to determine the alcohol or drug content of his or her blood. Hinnah , 77 S.W.3d at 619. Although a person under arrest has the statutory right to refuse a chemical analysis of his or her blood alcohol level, a driver's refusal to submit to the test generally results in the revocation of a person's driver's license for a period of one year. Id. ; section 577.041.3, RSMo 2000. Upon such a revocation, a driver may petition for review and an order staying revocation until such petition can be heard. Section 577.041.4, RSMo 2000.
Section 577.041.4, RSMo 2000, provides that in a proceeding to determine whether to stay a rescission of driving privileges based on a driver's refusal to submit to chemical testing, the trial court shall determine only (1) whether the driver was arrested or stopped; (2) whether the arresting officer had reasonable grounds to believe that the person was driving while intoxicated ; and (3) whether the driver refused to submit to a chemical test. Nightengale v. Dir. of Revenue, 14 S.W.3d 267, 269 (Mo.App. 2000). Unless all three are found in the affirmative, the trial court shall order Director to reinstate the driving privileges. Id. At the hearing to review the license revocation, Director has the burden of proof on all three issues. Hawkins v. Dir. of Revenue, 7 S.W.3d 549, 551 (Mo.App. 1999). Director must establish all three elements by a preponderance of the evidence. Callendar v. Dir. of Revenue, 44 S.W.3d 866, 868 (Mo.App. 2001)
The trial court's only finding in the matter here was that no probable cause existed. There is no dispute that Cain was arrested. It is at issue whether Trooper had reasonable grounds to believe that Cain was driving while intoxicated. As to whether Cain refused to submit to a chemical test, Cain argues that there was conflicting evidence on that issue. Given that, as will be discussed further below, we affirm the trial court's determination that no probable cause existed, there is no need to address the third prong of whether Cain refused to submit to a chemical test. See Nightengale, 14 S.W.3d at 269.
Returning to the se
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