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Marsey v. Director of Revenue6/6/2000
ector of Revenue, 12 S.W.3d 405, 408 (Mo. App. E.D. 2000).
Director argues in the sole point on appeal that under section 577.041 the trial court erred in setting aside Marsey's revocation. We first address whether the officer had reasonable grounds to believe that Marsey was driving a motor vehicle in an intoxicated condition. Reasonable grounds is virtually synonymous with probable cause. Myers v. Director of Revenue, 9 S.W.3d 25, 27-28 (Mo. App. E.D. 1999). An officer may have reasonable grounds to arrest for driving while intoxicated, even when the evidence of "'actually driving'" is based on circumstantial evidence. Pendergrass, 4 S.W.3d at 601. The uncontroverted testimony of a police officer that an individual admitted to driving a vehicle constitutes reasonable grounds to believe that the individual was driving a vehicle. Id; Pappin v. Director of Revenue, 958 S.W.2d 591, 592 (Mo. App. E.D. 1998). In the present case, Marsey told the officer he was driving the vehicle involved in the accident. In addition, one of the security officers and the passenger told the officer that Marsey was driving the vehicle. Marsey admitted to drinking alcohol. The officer smelled a strong odor of alcohol on Marsey's breath and observed that Marsey's eyes were watery, bloodshot and dilated. The trial court's finding that the officer did not have probable cause to arrest Marsey for driving while intoxicated is against the weight of the evidence and is not supported by substantial evidence.
The officer stated in his "NARRATIVE INFORMATION" that Marsey refused to take the breathalyzer test. The Alcohol Influence Report reflects that Marsey refused the breath test. The trial court's finding that Marsey did not refuse the breath test is against the weight of the evidence and is not supported by substantial evidence. Furthermore, there is also uncontroverted evidence that Marsey was arrested. The trial court erred in setting aside the revocation under section 577.041.
The judgment is reversed and the cause remanded with directions to reinstate the Director's revocation of Marsey's driving privileges.
Separate Opinion: None
Page 1 2 Missouri DUI Attorneys
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