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Guccione v. Director of Revenue4/6/1999
ction first provides as follows: "AS SET FORTH IN THE RULES PROMULGATED BY THE DEPARTMENT OF HEALTH RELATED TO THE DETERMINATION OF BLOOD ALCOHOL BY BREATH ANALYSIS, I CERTIFY BY COMPLETING THAT." The four sentences as those at issue in the Blood Alcohol Test Report are then listed. The trooper's name, permit number and other information is then written in the appropriate spaces. By completing this information, the trooper certified to the conditions set forth in the four sentences. As in Shine, we find this constitutes sufficient evidence of compliance with the regulation.
The Director argues in the final point that the arresting officer had probable cause to arrest Guccione. We agree. Probable cause exists when circumstances and facts would warrant a person of reasonable caution to believe an offense has been committed. Rogers, 947 S.W.2d at 477. The determination of whether a police officer has probable cause to arrest "must be made in relation to circumstances as they appeared to a prudent, cautious, and trained police officer." Id.
The trooper's written statement regarding the arrest is contained in the Alcohol Influence Report. After stopping Guccione because his vehicle crossed the shoulder and center line several times, the trooper observed that Guccione's eyes were red and glassy. The trooper smelled alcohol on Guccione's breath. Guccione failed field sobriety tests conducted by the trooper. For the portion of the Director's prima facie case regarding probable cause, the evidence recited is sufficient to establish that the trooper had probable cause to arrest Guccione for driving while intoxicated. Haas v. Director of Revenue, 975 S.W.2d 483, 484 (Mo. App. E.D. 1998); Rogers, 947 S.W.2d at 477.
The Director established a prima facie case. Guccione failed in his burden of rebutting the Director's prima facie case.
The judgment is reversed and the cause remanded with directions for the trial court to enter judgment reinstating the Director's suspension of Guccione's driving privileges.
Separate Opinion:
None
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