The case was called for trial on April 27, 2000. The parties stipulated to submission upon the pleadings and the police report. The revocation was set aside. The Department of Revenue now appeals the trial court's judgment. We will affirm the judgment of the trial court unless there is no substantial evidence to support it, it is against the weight of the evidence or it erroneously declares or applies the law.
Director presents two points on appeal but the first point is dispositive.
Director argues that the trial court erred because based on the record, the evidence does not support the judgment. The trial court found that no reasonable ground existed to believe that driver was operating a motor vehicle in an intoxicated condition. Reasonable grounds is virtually synonymous with probable cause. An officer may have reasonable grounds to arrest for driving while intoxicated, even when the evidence of 'actually driving' is based on circumstantial evidence. The police report, stipulated to by the parties, was the only evidence offered at trial.