Barney, C.J., Prewitt and Garrison, J.J., concur. Director suspended Daniels' driving privileges pursuant to section 302.505 after he was arrested for driving while intoxicated. See section 302.530. Daniels sought a trial de novo pursuant to section 302.535. Following a hearing, the circuit court ordered Director to remove the suspension from Daniels' driving record and to reinstate his driving privileges.
Director raises one point of court error, discussed below.
When the Director makes a prima facie case, the burden shifts to the driver to rebut the prima facie case by a preponderance of the evidence. The vehicle was weaving from side to side and ran off the road on at least one occasion. Daniels was the driver. Upon observing Daniels, Officer Foster noticed an odor of alcohol on his breath, his speech was slurred, and his eyes were watery and bloodshot. To facilitate the search of Daniels' vehicle, Officer Foster placed Daniels in the back passenger seat of his patrol car.