1999, for his refusal to submit to a breathalyzer test after he was arrested for driving while intoxicated. Driver petitioned the circuit court for a trial de novo. The matter was set for a trial on August 12, 1999. On that same day, Commissioner Mary Greaves entered a recommendation to reinstate the driving privileges of Driver, concluding the arresting officer did not have probable cause to arrest Driver for driving while intoxicated or an alcohol related traffic offense. Her recommendations were adopted by the trial court as its judgment.
Director now appeals.
On appeal, the Director contends the trial court erred in reinstating Driver's driving privileges, because the trial court misinterpreted the law and its decision was against the weight of the evidence. Director argues that the evidence admitted at trial shows Driver was operating the vehicle and that the officer could properly rely upon an eyewitness's statement in establishing probable cause. It is unclear to this Court, based on the record before it, what evidence was before the trial court and the basis of its decision. The Director cites to pages one and 22 of the legal file to support this contention. These pages do not support this assertion.