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Storck v. Director of Revenue10/30/2001
Duffy, 966 S.W.2d at 372. However, the cases cited by director are distinguishable because in this case there was no admission by driver that he had been drinking, there was no alcohol or alcohol containers found at the scene, and no indication in the alcohol influence report that driver smelled of alcohol. In fact, the only mention of driver smelling of alcohol came when driver testified as to officer's comment regarding driver smelling of alcohol; however, officer noted nothing in his report and the trial court is in the better position to judge the credibility of the testimony.
In determining whether there were reasonable grounds to arrest driver the trial court must evaluate the situation from the viewpoint of a cautious, trained, and prudent police officer at the time of the arrest. This was a determination that was made by the trial court in light of the testimony and evidence presented. The trial court's judgment is affirmed because there is substantial evidence to support it, it is not against the weight of the evidence, and it does not erroneously declare or apply the law. Since the trial court's finding as to officer's lack of probable cause to arrest driver was sufficient to support the reinstatement of driver's driving privileges, we need not address whether the further findings of the trial court were proper.
Based on the foregoing, we affirm the decision of the trial court.
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