Cox v. Director of Revenue, State of Mo.

37 S.W.3d 304, 2000 WL 1800575
CourtMissouri Court of Appeals
DecidedDecember 7, 2000
Docket23308
StatusPublished
Cited by20 cases

This text of 37 S.W.3d 304 (Cox v. Director of Revenue, State of Mo.) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cox v. Director of Revenue, State of Mo., 37 S.W.3d 304, 2000 WL 1800575 (Mo. Ct. App. 2000).

Opinions

[306]*306MONTGOMERY, Judge.

This is an appeal by Missouri’s Director of Revenue (“Director”) from a judgment restoring driving privileges for Brandon L. Cox (“Cox”). The appeal followed a trial de novo after an administrative suspension of Cox’s driving privileges under §§ 802.500, et. seq.1 Director had ordered the suspension after Cox was arrested for allegedly driving while intoxicated (“DWI”), § 577.010. The issue on appeal is whether the evidence presented to the trial judge compelled a finding that the arresting officer had probable cause to believe Cox had driven a motor vehicle found wrecked on a public highway.

On January 6, 1997, at approximately 12:39 a.m., Trooper M.A. Bernier (“Bernier”) of the highway patrol, was directed to investigate a motor vehicle accident in rural Christian County, Missouri. Upon his arrival, Bernier found an unconscious male on the ground, lying outside of and north of an overturned pickup truck. In his accident report, Bernier described the man’s injuries as “disabling” and “serious” to the point that he was unable to respond to any questioning. In that regard, Bernier reported he was “unable to interview [the man] due to injuries” and never gave him a Miranda or “implied consent” warning because he was unconscious. Ultimately-— although when this occurred is unclear— the injured man was “transported by helicopter” to a Springfield hospital.

As to the accident scene, Bernier’s report showed that the door on the driver’s side of the pickup was torn off. The pickup itself was overturned with its left side downward and the front of the vehicle headed west. Bernier reported “Numerous empty beer cans were located within and around the vehicle.” Additionally, Bernier noted that the “interior of the vehicle smelled strongly of intoxicants” as did the man lying on the ground. The record does not reflect how or when Bernier was able to identify the injured man as Cox or learned the overturned vehicle was owned by Cox.

At the hospital, a blood sample was taken from Cox. Analysis of that sample revealed a blood alcohol content of 0.11%. On an “Alcohol Influence Report” form, Bernier reported he arrested Cox on January 6, 1997, at “0125” in Christian County, Missouri.

Upon receipt of the above information, Director revoked Cox’s driving privileges under § 302.050 for driving with an alcohol concentration of at least 0.10%. Cox filed a petition with the Christian County circuit court seeking review of Director’s action. At a trial de novo before that court, Director and Cox agreed to submit the case by stipulation and on the Department of Revenue certified records. The trial court ruled for Cox and against Director. This appeal followed.

STANDARD OF REVIEW

Review of this nonjury case is under Rule 84.13(d).2 As the rule is interpreted, this court is to affirm the trial court’s decision unless it is unsupported by substantial evidence, it is against the weight of the evidence, or it erroneously declares or applies the law. Rogers v. Director of Revenue, 947 S.W.2d 475, 477 (Mo.App.1997) (citing Murphy v. Carron, 536 S.W.2d 30, 32 (Mo.banc 1976)).

DISCUSSION AND DECISION

Director’s single point relied on maintains the trial court erred in setting aside Director’s revocation of Cox’s driving privileges. Director insists the trial court misinterpreted the law and that its judgment was against the weight of the evidence “in that the Director proved a prima facie case that the arresting officer had probable cause to arrest Cox for DWI.” Cox counters that the trial court’s finding that Bernier lacked probable cause to ar[307]*307rest him for DWI was supported by the record.

Under § 302.505.1, RSMo 1996, Director has the burden to establish that the arresting officer had probable cause to make the initial arrest and that the chemical analysis showed a blood alcohol content of at least 0.10% by weight. Mayberry v. Director of Revenue, 983 S.W.2d 628, 631 (Mo.App.1999). Because the parties stipulated to the blood alcohol content, the single issue is whether the evidence compelled a finding that Bernier had probable cause to arrest Cox for driving the wrecked vehicle.

An evaluation of probable cause to arrest is made in the context of whether the facts and circumstances would warrant an individual of reasonable caution to believe that an offense has been committed. Mayberry, 983 S.W.2d at 631. Specifically, a decision on whether an officer had probable cause to make an arrest must be made by viewing the situation as it would have appeared to a prudent, cautious, and trained police officer. Id.

“The type of facts needed to determine probable cause are found in the definition of the substantive offense and in ease law dealing with the sufficiency of the evidence to convict of the substantive offense.” Wilcox v. Director of Revenue, 842 S.W.2d 240, 242 (Mo.App.1992).3 However, “a vast gulf exists between the quantum of information necessary to establish probable cause and the quantum of evidence required to prove guilt beyond a reasonable doubt” which is necessary in DWI cases. Wilcox, 842 S.W.2d at 243.

“To form a belief amounting to probable cause, the arresting officer need not possess all the information concerning the offense and the arrestee’s participation in it.” Id. Circumstantial evidence may be relied on when the arresting officer does not actually see who operated the motor vehicle. Mayberry, 983 S.W.2d at 631. Accordingly, it is not necessary for an officer to actually observe a person driving in order to have probable cause to arrest for DWI.4 Id. “Circumstantial evidence means evidence that does not directly prove a fact in issue but gives rise to a logical inference that the fact exists.” State v. Harris, 807 S.W.2d 528, 529 (Mo.App.1991).

On the other hand, “mere suspicion is insufficient to establish probable cause.” Wilcox, 842 S.W.2d at 243. Probability and reasonableness characterize the concept of probable cause. Id. Probable cause is a fluid concept and, as such, turns on the assessment of the probabilities in particular factual contexts. Id.

The Director relies on the following cases: McCabe v. Director of Revenue., 7 S.W.3d 12 (Mo.App.1999); Pendergrass v. Director of Revenue, 4 S.W.3d 599 (Mo.App.1999); Simmons v. Director of Revenue., 3 S.W.3d 897 (Mo.App.1999); McDaniel v. Lohman, 989 S.W.2d 688 (Mo.App.1999); Haas v. Director of Revenue, 975 S.W.2d 483

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Cox v. Director of Revenue, State of Mo.
37 S.W.3d 304 (Missouri Court of Appeals, 2000)

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37 S.W.3d 304, 2000 WL 1800575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cox-v-director-of-revenue-state-of-mo-moctapp-2000.