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Ballard v. Director of Revenue9/12/2000
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In setting the standards in section 302.505.1, the legislature has chosen to require that the director prove probable cause for the stop of drivers under twenty-one and probable cause for the arrest of drivers over twenty-one. Id. at 336 (emphasis added).
This should end the discussion. However, the majority chooses to wander off into the murky swamp of obiter dictum. I decline to join in those meanderings through the dense fog and black, stagnant water of that judicial bog. The statute is clear, and our Supreme Court has decided the issue. There is no question of first impression. The Director's argument that the statute provides for two alternative methods of suspending or revoking the license of an under-21 driver where his or her BAC is .10% or more is unsupportable and fails.
I concur in reversing the trial court's judgment and remanding the cause for entry of a judgment reinstating the appellant's driver's license and for consideration of appellant's motion for attorney's fees.
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