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Missman v. Iowa Dept. of Transp.11/14/2002
1998 Iowa Acts ch. 1202, §§ 24,46).
Entirely consistent with these two definitions is this court's holding that
evidence is not insubstantial merely because it would have supported contrary inferences. Nor is evidence insubstantial because of the possibility of drawing two inconsistent conclusions from it. The ultimate question is not whether the evidence supports a different finding but whether the evidence supports the findings actually made.
Reed, 478 N.W.2d at 846 (citations omitted).
In view of the agency's finding that Officer Lehman had the requisite reasonable grounds, Missman had to establish a lack of substantial evidence to support such finding. See id. This is a heavy burden and, as we next discuss, one that Missman falls short of meeting.
C. Analysis. Missman's own testimony provides substantial evidence that Officer Lehman had reasonable grounds to believe that Missman was driving while under the influence of an alcoholic beverage. By this testimony, Missman provided evidence that Officer Lehman believed that he--Missman--"was weaving all over the road." At least twice in his testimony, Missman confirmed that this was the officer's contention. True, Missman testified that he was not swerving and that he disputed this with the officer. However, we fail to see how this denial detracts from Missman's own admission that the officer believed he was. And, in fact, Missman admitted that he had swerved one time, although he maintained that this was to avoid a dead animal in the road.
Missman also testified that when asked if he had been drinking, he told the officer that he had consumed "a few beverages earlier that night." This admission, when coupled with Missman's testimony that Officer Lehman believed Missman was swerving, further supports a finding that the officer believed that Missman was driving while under the influence. While Missman believes his testimony supports his claim that he was not intoxicated, it also corroborates the officer's belief that he was. A reasonable person armed with these same facts could have believed such an offense had been committed. As mentioned, the ultimate question is not whether the evidence supports a different finding, but whether the evidence supports the finding actually made.
Moreover, the reviewing officer questioned Missman's veracity, noting that Missman's "direct interest in the outcome of the hearing and the lack of any [corroborating] evidence weigh against [Missman's] testimony." See Gregory v. Gregory, 248 Iowa 672, 682, 82 N.W.2d 144, 150 (1957) ("The court is not required to accept as a verity uncontradicted testimony, but might well scrutinize closely such testimony as to its credibility, taking into consideration all the circumstances throwing light thereon, such as the interest of the witnesses, remote or otherwise."). The corroborating evidence mentioned is obviously a reference to Missman's failure to produce the two witnesses who could have corroborated his account of what happened.
We conclude Missman has failed to establish as a matter of law that there was insubstantial evidence in the record made before the IDOT when that record is viewed as a whole to support the IDOT's finding that Officer Lehman had reasonable grounds to believe that Missman was operating a motor vehicle while under the *368 influence of an alcoholic beverage. We therefore affirm the district court ruling upholding the IDOT's decision.
AFFIRMED.
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