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Hughson v. Director of Revenue8/7/2001
This is an appeal taken by the Director of Revenue ("Director") from the trial court's reinstatement of Respondent Shawn A. Hughson's driving privileges after a hearing on Hughson's petition to review the Director's revocation of his driving privileges under section 577.041, RSMo Cum. Supp. 1999.
The judgment is affirmed.
Factual and Procedural Background
On April 22, 2000, Shawn Hughson ("Hughson") was arrested for driving while intoxicated. Based upon a determination that Hughson had refused to submit to a blood alcohol concentration (BAC) test, the Director revoked his driving privileges for a period of one year, pursuant to section 577.041. Hughson petitioned for judicial review of his driving revocation, as is his privilege under the statute, and the cause went to trial on September 7, 2000.
At two trial settings, the arresting officer failed to appear. As a consequence, the Director introduced Hughson's arrest and driving records, which showed the following: The arresting officer, Trooper Root, first took notice of Hughson in the early morning hours of April 22, 2000, when the vehicle he was driving made two left turns without signaling. When the trooper pulled Hughson over, he detected a strong odor of intoxicants. The trooper administered two field sobriety tests, which Hughson failed. After Hughson refused to submit to a portable breath test, the trooper placed him under arrest and transported him to the Caldwell County sheriff's office. The narrative portion of the report states that the trooper read the "implied consent warning" and Miranda rights to Hughson and requested he submit to a blood alcohol content (BAC) chemical test of his breath, which, according to the report, Hughson refused. However, there is a portion of the report containing a box next to the remark "Chemical Test Refusal (Officer Must Mark Box If Subject Refused Test)." This box was not marked. Hughson did not present evidence. The court found that the Director failed to sustain his burden because "the record establishe that the required procedures for the revocation of petitioner's driving privilege for refusal to submit to a chemical test were not followed." The Director now appeals the trial court's setting aside of the revocation of Hughson's driving privileges.
Standard of Review
This court will affirm the trial court's findings and the judgment unless there is no substantial evidence to support it, it is against the weight of the evidence, or it erroneously declares or applies the law. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976).
Discussion
In his sole point on appeal, the Director contends the trial court erred in setting aside the revocation of Hughson's driving privileges because the judgment was against the weight of the evidence and not supported by substantial evidence. The Director contends that he proved at trial the three elements necessary for a prima facie case against Hughson, showing that: (1) Hughson was arrested; (2) the trooper had reasonable grounds to believe that Hughson was driving a motor vehicle while in an intoxicated condition; and (3) Hughson refused to submit to a chemical test.
The Director points out that Hughson did not present any evidence at trial, therefore the only evidence presented was the uncontroverted evidence presented by the Director, which consisted of the Alcohol Influence Report and Hughson's driving record, which was sufficient evidence to satisfy the three requisite elements necessary to sustain the Director's burden of proof. First, the evidence showed that Hughson was arrested. The trooper's narrative stated that he "placed Mr. Hughson under arr
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