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Kinsman v. Director of Revenue7/24/2001
Appeal From: Circuit Court of Jackson County, Hon. Vernon E. Scoville, III
Opinion Vote: REVERSED AND REMANDED.
Spinden and Howard, JJ., concur.
The Director of Revenue appeals a judgment reinstating the driving privileges of Stanley Z. Kinsman, whose privileges had been revoked by the Director of Revenue pursuant to section 577.041(2) RSMo 1994. We reverse the judgment of the trial court and remand to the trial court with directions to enter judgment upholding the suspension.
Factual Background
The facts were not disputed in the trial court. At about 11:40 p.m. on December 21, 1999, Missouri Highway Patrol Trooper James Thuss received a radio call concerning a one car accident on 40 Highway just east of the Blue Springs city limits. Trooper Thuss proceeded to the scene. Upon arrival, Trooper Thuss found an unattended Yellow Cab van upside down in the roadway. He radioed to arrange for a tow of the vehicle. He then radioed Trooper Darwin Blankenship to ask him to go to the convenience store a short distance west of the scene to see if he could locate a driver, while Thuss remained at the crash site for safety purposes.
Trooper Blankenship proceeded to the convenience store, where a customer informed the trooper that the person he was looking for was inside the store. Inside the store, the store clerk directed the trooper to Stanley Kinsman by nodding his head toward Kinsman. Kinsman was standing by the doorway with a bag. Kinsman's clothes were "messy," not neatly tucked in. Kinsman had fresh blood and scratches on his hands. Trooper Blankenship obtained permission to search Kinsman. He found marijuana and drug paraphernalia and therefore arrested Kinsman for possession of both items. Blankenship asked Kinsman if that was his van up the road, and Kinsman responded, "What van?" Blankenship took him to the crash site.
At the crash site, Kinsman produced documents showing that he was a cab driver, and also that the cab involved in the crash was checked out to him that evening. Kinsman smelled of alcohol, had glassy, bloodshot eyes, and had difficulty walking. Kinsman was then taken to the Blue Springs Police Department where he failed the horizontal gaze nystagmus, walk and turn, and one-leg stand tests.
After Kinsman failed the field sobriety tests, Trooper Thuss arrested him for driving a vehicle under the influence. The officer asked him to provide a breathalyzer sample. Kinsman refused to take the test. Kinsman stated that he was drinking that evening at Maxine's, a bar on 40 Highway close to Highway 7, which was several miles away from the crash site. He did not know how his taxi happened to be there. He supposed that his cab must have been stolen while he was in the bar drinking. Kinsman refused at that time to report the cab as stolen and to file a stolen property report. He did not explain why he did not wish to file the report. Kinsman did not explain how he got to the convenience store from the bar, or why he was just standing around the convenience store, or how he got the fresh scratches on his hands.
Because Kinsman refused to submit to a breath analyzer test, pursuant to section 302.750(2) RSMo 1994, the Director of Revenue suspended Kinsman's driver's license for one year. On January 21, 2000, Kinsman requested a hearing for the purpose of obtaining reinstatement of his driving privileges. The revocation was stayed until a hearing could be held in circuit court. The matter was tried on March 23, 2000. Kinsman chose not to testify at the hearing. The court issued a written order on May 13, 2000. The court determined that the State did not prove that the trooper had reasonable grounds
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