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Cain v. Director of Revenue3/26/2004
cond prong under section 577.041.4, RSMo 2000, under which the arresting officer must have reasonable grounds to believe that the person was driving while intoxicated, we note that reasonable grounds is virtually synonymous with probable cause. Baptist v. Lohman, 971 S.W.2d 366, 368 (Mo.App. 1998). "There is no precise test for determining whether probable cause existed; rather, it is based on the particular facts and circumstances of the individual case." Parres v. Dep't of Revenue, 75 S.W.3d 311, 314 (Mo.App. 2002). Director is not required to prove that a defendant was intoxicated, only that the officer or officers involved had reasonable grounds to believe the defendant was intoxicated. See Calicotte v. Dir. of Revenue, 20 S.W.3d 588, 593 (Mo.App. 2000).
In determining whether reasonable grounds existed, the trial court must evaluate the facts and view the circumstances as a cautious, trained, and prudent police officer would have viewed them at the time of the arrest. Hockman v. Dir. of Revenue, 103 S.W.3d 382, 385 (Mo.App. 2003). Probable cause is a fluid concept and the standard for determining whether it exists is the probability of criminal activity rather than a prima facie showing of guilt. Rain v. Director of Revenue, 46 S.W.3d 584, 588 (Mo.App. 2001). Absolute certainty is not required, but mere suspicion is not enough to establish reasonable grounds. Id. Probable cause must be determined on the basis of facts known to the arresting officer at the time of the arrest, not on the basis of facts learned later. See Howard v. McNeill, 716 S.W.2d 912, 915 (Mo.App. 1986).
Here, as indicated by the trial judge at the end of closing arguments, the evidence showed that Cain was injured as a result of a collision between the ATV he was operating and a pick-up; Trooper observed that Cain's eyes were glassy; and, Cain "did not cooperate in taking" the gaze nystagmus test. Evidence was also presented that Trooper was informed that friends of Cain had removed a cooler from the scene prior to Trooper's arrival. Trooper testified that, although he noticed an odor of intoxicants from the driver of the pick-up, Trooper did not smell any odor of intoxicants on Cain.
Cases exist in which the Court has not allowed injuries to be used to excuse behavior that might otherwise be indicia of intoxication. See Rain, 46 S.W.3d at 588-89; Rinne v, Dir. of Revenue, 13 S.W.3d 658, 661 (Mo.App. 2000). In Rain , the Court noted testimony from the arresting officer that in most collisions involving head injuries, the person is unconscious and, if conscious, glassy eyes are indicative of intoxication and not a result of the head injury. 46 S.W.3d at 588-89. It is also correct that in cases not involving possible injuries, glassy eyes has been one of the indicia used to show reasonable grounds for intoxication. Hockman, 103 S.W.3d at 385.
However, in both Rain and Rinne, other indicia of intoxication were present. In Rain , the petitioner's eyes were glassy and bloodshot, his speech was slurred, and he had trouble concentrating. 46 S.W.3d at 586. In Rinne , in addition to the fact that the driver had been involved in a single car accident, there was an odor of intoxicants emanating from his breath and he admitted he had been drinking. 13 S.W.3d at 661.
The trial court questioned whether the refusal to participate in a field sobriety test was an "objective manifestation" the court could consider in determining whether probable cause existed. We agree that it is well established that refusal to take a field sobriety test is evidence of intoxication. Edmisten v. Director of Revenue, 92 S.W.3d 270, 274 (Mo.App. 2002); Hockman, 103 S.W.3d at 385.
Considering the informat
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